Affiliates Terms Of Service
Affiliates Terms Of Service
The following document outlines the terms by which the SBYS.NET Affiliate Program shall operate. The SBYS.NET Affiliate Program may be referred to as “The Program”, “The Affiliates Program”, or similar.
I. Parties to this Agreement
This agreement is entered into by SBYS.NET and each of its Affiliate(s). “You”, “Your” refers to each and every affiliate or sub-affiliate of the SBYS.NET affiliate program. Participation in the program constitutes full and complete acceptance of the TOS set forth herein.
II. SBYS.NET Responsibilities
A. Affiliate Account
Upon joining the program, SBYS.NET will create an affiliate account which affiliates may access at this link. The account exists to allow SBYS.NET’s affiliates means to manage their work as our affiliate.
B. Affiliate ID & General Affiliate Link
Upon creation of your affiliate account, SBYS.NET will provide a unique Affiliate ID. The Affiliate ID sets you apart from other affiliates and is used in the generation of your General Affiliate Link. An affiliate link is a URL used in marketing that allows for clicks on it to be tracked by SBYS.NET and its Affiliates. SBYS.NET provides a General Affiliate Link by default which allows you to share it straight away, and, affiliates are free to create custom affiliate links within their affiliate account.
Rules for acceptable usage of your affiliate link and/or general affiliate link appear later in this document.
C. Tracking
SBYS.NET agrees to track the customers referred to SBYS.NET via the link provided to you for that purpose. SBYS.NET utilizes cookies to maintain tracking information for up to 90 days. SBYS.NET will pay you a commission for each such referral made in compliance with this agreement pursuant to the commission schedule and the terms set forth in this affiliate agreement.
III. Affiliate Responsibilities
A. Minimum Age
You agree that you are 18 years of age or older on the date that you first approve the terms hereof. You agree that you are in a jurisdiction where participation in the SBYS.NET affiliate program does not violate any law, ordinance, regulation or standard.
B. Operation of Affiliate Link
You agree to take full responsibility for ensuring the proper and continuing operation of your affiliate URL. You agree that you will notify SBYS.NET if your affiliate URL ceases to function or ceases to function properly.
C. Representations
You agree that you will not make any representations, promises, warranties or other statements about SBYS.NET or the SBYS.NET web site, products or policies other than as may be expressly approved in writing by SBYS.NET or as otherwise provided to you by SBYS.NET for that purpose.
D. Affiliate Code of Conduct
As a participant in the SBYS.NET Affiliate Program, you are prohibited from participating in any scheme or strategy that artificially inflates your earnings or bonuses. This includes, but is not limited to, referring or promoting the cheapest services solely for the purpose of increasing the number of orders. ELAY BİLİŞİM BASIN YAYIN GAZETECİLİK TİCARET LTD ŞTİ , Inc, the owner of the affiliate program, reserves the right to decline any commission earned through such fraudulent activity. As a SBYS.NET affiliate, it is your responsibility to refer services in a natural and authentic manner.
Affiliate shall abide by the highest standards of ethics and professionalism. Without limiting the generality of the foregoing, Affiliate and/or your Promotional Content shall not, in connection with the Affiliate Program:
Misrepresent the Services in any way, including its prices, plans, discounts, or functionality;
Offer or provide any warranties, guarantees, incentives, rewards, or indemnities, except as set forth in the SBYS.NET – Terms of Service or approved in writing by SBYS.NET team;
Disparage SBYS.NET and its representatives, the Services, or the Program;
Use any illegal or spam method of advertising;
Compete or interfere with SBYS.NET’s direct advertising efforts. From time to time, SBYS.NET may opt to engage in direct online advertising. The Affiliate shall not place advertisements targeting SBYS.NET’s trademarks and service marks or place advertisements that in any way advertise or display SBYS.NET’s trademarks or service marks. This means, among other things, that the Affiliate shall not bid (in regards to online advertising, including but not limited to Pay per Click or Pay per Impression campaigns) on any keywords or phrases containing SBYS.NET trademarks, service marks, registered trademarks, or registered URLs, or on any variations, abbreviations, or misspellings of the same.
Refer traffic to SBYS.NET through any pay-to-read, pay to click, banner exchanges, click exchanges, PPC advertising, pop-up/under, press releases, or similar methods. Referrals must be made from original content hosted at the Affiliate Websites, from original video content hosted at third-party video hosting platforms, or from direct professional referrals made by the Affiliate to their professional network;
Using iframes or any other techniques or technology to add the Affiliates tracking cookie to a referral by any means other than an actual click-through;
Using link cloaking, or masking techniques or technology, with the goal of promoting SBYS.NET on websites and/or networks not explicitly mentioned in your Account;
Display SBYS.NET, “SBYS.NET”, SBYS.NET’s logos or trade names, or any variation, abbreviation, or misspelling thereof in any URL, domain name, social media profile, or any other online or offline presence.
Engage in incentivized programs or business-opportunity sites;
Self-refer or refer yourself in any fashion. This includes referral of any operation or website in which the Affiliate has a controlling, proprietary, or equitable interest. Any referral where payment is made utilizing a form of payment controlled by or belonging to the Affiliate shall be considered a violation of these Terms.
Violations may result in the invalidation of referral commissions and/or immediate termination of the affiliate account. SBYS.NET will be the sole arbitrator as to what constitutes a violation.
E. Link
You may use the affiliate URL provided by SBYS.NET via Your Affiliate Account, or in any other form you wish, provided that your use of the URL is not in any way disparaging of SBYS.NET or otherwise not appropriate or acceptable in SBYS.NET’s sole opinion and judgment. You may not violate any copyright, trademark, or other intellectual property rights of SBYS.NET or any other party. You may not violate the SBYS.NET Master Service Agreement.
F. Amendments
You agree that SBYS.NET may amend this agreement at any time without notice to you. You agree to keep advised of any changes to this agreement by checking the SBYS.NET web site on a periodic basis. All changes, amendments, and modifications of the TOS shall be effective as of the date posted on the SBYS.NET website and You agree that You shall be bound by all such changes, amendments and modifications of the TOS effective upon posting.
G. Customers of SBYS.NET
SBYS.NET will have the sole right and responsibility to service all customers secured through your affiliate URL. All dealings with customers for web hosting and related services shall be directly and solely between customer and SBYS.NET shall have the right and obligation to determine all pricing and product offerings and shall have the right to make any changes thereto without notice to affiliate. All customers of SBYS.NET, regardless of origin or referral, are the sole property and responsibility of SBYS.NET.
H. Federal Trade Commission Regulations
In addition to the rules set forth in this agreement, Affiliates agree to adhere to rules set forth by the US Federal Trade Commission(known as the FTC), specifically rules that apply to affiliate marketing.
These rules ultimately boil down to being honest in your marketing while also disclosing that You may collect affiliate payment for purchases made as a result of links on your website. The specific language for these rules follows:
The Federal Trade Commission (FTC) requires that connections between advertisers and endorsers be conspicuously disclosed. Blogs, websites, ratings and review sites, and similar must declare the compensation arrangement with the advertiser. As such, you must declare the financial relationship between you and SBYS.NET in a prominent location on your websites in order to be in compliance with the FTC. SBYS.NET retains the right to withhold payout amounts of money and/or cancel your affiliate account should it be determined that you are not in compliance with applicable FTC regulations. SBYS.NET will be the sole arbitrator as to what constitutes non-compliance.
I. Affiliate Starter Pack
Affiliates who participate in our Affiliate Program may be eligible for a service renewal promotion called the Affiliate Starter Pack. Under this promotion, each affiliate who purchases any SBYS.NET Hosting shared or WordPress services (Starter, Pro, or Turbo) on a 1, 2, or 3 years billing cycle can earn 1 year of service renewal for free.
To qualify, participating affiliates must meet a sales threshold throughout the year that is based on which plan they've chosen:
- Starter & WordPress Starter = 5 sales
- Pro & WordPress Pro = 10 sales
- Turbo & WordPress Turbo = 15 sales
An affiliate may request their Free Renewal by email to affiliates@sbys.net, and the request must include their Affiliate Email Address, Affiliate ID, Web Hosting Domain Name, and a written request for the Free Renewal. Once the company has verified the request, the Free Renewal will be applied to the applicable hosting account, and the affiliate shall be notified.
The Affiliate Starter Pack is subject to the following conditions:
1. only open to current SBYS.NET affiliates with active affiliate accounts.
2. affiliates must have a written article about SBYS.NET.
3. sales must be made using the unique Affiliate URL provided by the company.
4. only one Free Renewal may be awarded to an affiliate each calendar year.
5. Free Renewal applies only to the service levels offered by the company at the time of redemption.
6. SBYS.NET reserves the right to modify or discontinue this promotion at any time.
IV. Commissions
A. Commission Rate
Commissions are paid on a one-time basis for each new customer that signed up via your affiliate URL subject to the terms and conditions set forth herein. There will be no obligation to pay any other commission. Commissions vary in amount. Exact commission rates based on the number of referrals within a given calendar month and order maturation are available within your affiliate account or at https://sbys.net/affiliate-program/.
NO COMMISSIONS WILL BE CREDITED FOR THE FOLLOWING ADDITIONAL SERVICES:
Domain Name Registrations/Transfers
Additional services listed in the add-ons section.
Commissions are paid on new accounts only (current or previous customers of the company are not eligible) and not on any subsequent renewal or subsequent signups of a referred customer. You will not receive any commission for referring yourself to SBYS.NET. A commission is not finalized until it becomes a Qualified Commission, even after the payment of a commission has been made.
B. Qualified Commission
A “qualified commission” is one for which the new account, which is the subject of the commission, has remained in good standing continuously for at least 45 days from its inception. SBYS.NET shall make all decisions as to whether any commission is a “qualified commission.” If at any time after a commission has been awarded and/or paid and the related customer’s account is terminated or canceled for any reason, this commission will be revoked and subtracted from any standing or future commissions account balance you may have.
C. Payment Date
Payments will only be paid once your commission’s account balance reaches the minimum payment threshold ( $100* ). SBYS.NET shall make no payment to you until this minimum balance is achieved. Commissions are not paid until a payout request is submitted by you via the SBYS.NET affiliate control panel. If You fail to properly submit a payout request within one (1) year of the date upon which your Qualified Commission accrued and became payable, You will forfeit such Qualified Commission and You hereby agree to release SBYS.NET from all liability for payment of any such forfeited commissions.
*See section D. Payment(below) for exceptions to the minimum payment threshold.
D. Payment
Payment is issued on-request. Requests for payment of commissions can be made only through the “Payouts to Me” section of Your affiliate portal, at this URL - https://affiliates.sbys.net/affiliates/panel.php.
Payments are issued using one of these payment methods:
PayPal - this requires that the Affiliate has entered their PayPal information to their Affiliate Account.
Account Credit - if the Affiliate is also a SBYS.NET hosting customer, that Affiliate may request in writing to have a payment made as credit against their hosting account.
Wire Transfer/ACH - this requires that the Affiliate agrees to the following:
- The minimum payment threshold is $1000 USD.
- All fees and payments related to ACH Wire Transfer are the responsibility of the Affiliate.
- The Affiliate must provide complete Wire Transfer details including Bank Name, Account Number, Transit Number, Bank Address. The Affiliate must also provide their full Name, Mailing Address and Postal Code, and other identifying information as on file with the Bank Account used for these payments.
You agree to include your Affiliate ID, confirm the payment method (PayPal, Account Credits, or Wire Transfer), and the amount for the requested payment when placing a Payment Request. You also agree to adopt all fees and costs related to receiving your affiliate payment.
E. Qualification for Payment
In accordance with IRS, Affiliates agree to and must provide one of the following forms, and so doing is a required step for the receipt of Commission from SBYS.NET.
Affiliates assume all responsibilities for tax payments or fees owed as a result of receiving Commission from SBYS.NET. Additionally, should Commission earnings meet or exceed limits set by United States tax law, SBYS.NET shall accordingly issue a Form 1099 to those Affiliates.
SBYS.NET reserves the right to withhold or cancel commissions requested without a suitable form Provided. Forms, along with a brief description of their use case, are below:
- You are an individual out of the USA → W8-BEN
- You are NOT an individual -> W-8BEN-E
- You are a U.S. citizen or other U.S. person, including a resident alien individual → W-9
- You are a beneficial owner claiming that income is effectively connected with the conduct of trade or business within the United States (other than personal services) → W-8ECI
- You are a beneficial owner who is receiving compensation for personal services performed in the United States → 8233 or W-4
- You are a person acting as an intermediary → W-8IMY
These URLs are not owned, maintained, or monitored by SBYS.NET and may be subject to change and are provided only as a courtesy. Locating and providing such forms remains the responsibility of Our Affiliates.
F. Alternative CPA (cost per action)
In cases where the Company may choose to decline a Commission, we may instead offer an alternative CPA to the affiliate. This is solely at the discretion of the Company and in no way guaranteed.
If an affiliate accepts such an offer the alternative CPA will replace any CPA in place for that Affiliate and must be confirmed in writing by the affiliate and the Company.
Alternative CPA is currently provided at $25 USD per sale. The value or continuation of Alternative CPA is subject to revision by the Company at any time.
Sales made with an Alternative CPA are considered Alternative Sales. Alternative Sales are not considered Qualified Sales. Sales made using Alternative CPA do not qualify for Bonus Commission or any reward linked in this to a Qualified Commission or Qualified Sale.
V. Ownership and Licenses
A. Property Ownership
Each party to this agreement shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
B. License
SBYS.NET grants you as an affiliate a revocable, non-exclusive, worldwide License to use, reproduce and transmit the SBYS.NET logos, trademarks and service marks on your site and only your site for the sole purpose of facilitating a link between your site and SBYS.NET to accomplish the purpose and intent of this affiliate agreement. You may also use the links and images located in the link library prepared specifically for that purpose subject to the same terms and conditions. You may not otherwise use, copy, distribute, change, modify, or otherwise, alter any such property. This License is neither assignable nor transferable.
C. Cease use upon Demand
You agree to immediately cease the use of any mark upon request made by SBYS.NET to the email address provided by you and maintained on file for you by SBYS.NET. You agree to immediately cease the use of any link created by you to SBYS.NET upon request by SBYS.NET to the email address provided by you and maintained on file for you by SBYS.NET.
VI. Termination
A. Effect upon Commission
Either party may terminate this agreement at any time upon notice in writing to the other party. Other than any termination under paragraph 6.B. herein, any commission which has become a qualified commission as of the date of such termination will be paid post-termination. Any commission, which is not a qualified commission as of the date of the notice of termination, shall not thereafter become a qualified commission.
B. Breach of this Agreement
The breach of this agreement, or any provision thereof, knowingly or otherwise, willful or otherwise, is grounds for immediate suspension or at the sole option of SBYS.NET termination of this agreement in its entirety.
C. Suspension
Suspension under this paragraph shall mean the withholding of all commission payments qualified or otherwise until such breach is cured. Suspension if not cured within a reasonable time as determined by SBYS.NET will become a termination under 6.B. as of the date of the initial suspension.
D. Survival
Upon termination of this agreement all rights and licenses granted by this agreement are immediately revoked. Sections VII shall survive such termination and remain in full force and effect.
VII. General
A. Authority
Each party represents to the other that it has full binding authority to enter into this agreement and in the case of any entity other than an individual that the person assenting to the terms of this agreement has the full binding authority of the entity purportedly bound.
B. Non-Infringement
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SBYS.NET that you will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy.
C. Violation of Law
You vow to uphold the laws of your respective jurisdiction and that you will not violate any applicable law, ordinance, regulation or standard. You understand and accept responsibility to file any necessary paperwork or tax forms with the appropriate parties for any and all payments made as a result of this service and the terms and conditions set forth herein.
D. Terms of Service
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SBYS.NET that you agree to be bound by all terms and conditions of this document and any applicable terms and conditions set forth in the SBYS.NET Terms of Service which are incorporated herein as though set forth at length herein.E. Unsolicited Email
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SBYS.NET that you will not use or otherwise permit the use of unsolicited commercial email (aka SPAM/UBE/UCE) in relation to the SBYS.NET Affiliate Program.
F. Defamation/Libel
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SBYS.NET that you will not transmit any information which is or might be considered to be defamatory or libelous.G. Decency
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SBYS.NET that you will not transmit any information which is or might be considered to be lewd, pornographic or obscene.
H. Unfair Competition
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SBYS.NET that you will not violate any laws regarding unfair competition, anti-discrimination or false advertising or the SBYS.NET Terms of Service.
I. Damage to SBYS.NET
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SBYS.NET that you will not take any action that would in any way damage SBYS.NET or otherwise compromise its servers or equipment including utilizing or otherwise transmit at any time contain viruses, Trojan horses, worms, time bombs or other similar harmful or deleterious programming routines.
J. No Automatic Links
You agree not to utilize any link that is or can be initiated automatically without the user clicking on the link.
K. Coupon and Reviews Websites
SBYS.NET must approve all coupon or reviews websites prior to any SBYS.NET affiliate information being advertised.
L. Warranty Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY SBYS.NET PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT SBYS.NET MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF ON AND BEHALF OF ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY OR EFFECTIVENESS OF ANY SERVICES OR MATERIALS PROVIDED HEREUNDER OR THAT THE SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE THROUGH ANY PARTICULAR METHOD OF DISTRIBUTION, OR THAT ANY SERVICES OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT WILL WORK WITH EVERY INTERNET BROWSER, OR THAT DEFECTS HAVE BEEN OR WILL BE CORRECTED, OR THAT SUCH SERVICES OR MATERIALS WILL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS OTHERWISE PROVIDED HEREIN, SBYS.NET DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL SBYS.NET BE LIABLE TO YOU FOR ANY SERVICE FAILURE, DISRUPTION, DOWNTIME OR INCORRECT LINKAGE UNDER THIS AGREEMENT.
M. Limitation of Liability
IN NO INSTANCE SHALL SBYS.NET BE LIABLE TO YOU FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT SBYS.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT COMMISSIONS AGREED UPON IN THIS AFFILIATE AGREEMENT ARE BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Notwithstanding the foregoing, this section shall not limit either party liability to the other for (i) willful or malicious misconduct; (ii) gross negligence; (iii) indemnification under Section 7.M. or (iv) either party’s liability for death or personal injury or their own acts of fraud.
N. Indemnification
You agree to indemnify, defend and hold harmless SBYS.NET and its affiliates, directors, officers, employees and agents, harmless of and from any and all liability, losses, damages, injuries or expenses (including attorney.s fees and expert witness charges) arising out of any claimed or alleged action or inaction toward any third party whether such claimed or alleged action or inaction arises out of a claim of misuse of copywritten materials, License violation, domain misuse, trademark misuse or any active or passive negligence.
O. Independent Contractors
Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.
P. Choice of Venue
The internal laws of the State of Delaware (irrespective of its choice of law principles) will govern the validity of this agreement, the construction of its terms, and the interpretation of the rights and duties of the participating parties, provided that the internal laws of the State of Delaware shall govern the validity of this agreement with respect to the Delaware Regulations. Any party may seek to enforce its rights under this agreement in any court of competent jurisdiction located within the judicial district, Middletown, Delaware in which the company has its principal place of business.
Q. Severability
The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
R. Integration
This agreement constitutes the entire understanding between the parties and revokes and super cedes any and all prior agreements and is intended to be a full and complete expression of the agreement between the parties. This agreement shall not be modified except in writing by the posting of a new agreement by SBYS.NET on the SBYS.NET web site.
S. Use Constitutes Full Acceptance and Signature
Your agreement to the terms set forth herein is manifested by any participation in the SBYS.NET affiliate program including the submission of the affiliate application form and the collection of any commission under this agreement. This agreement may be modified, amended, altered or otherwise changed by SBYS.NET without notice to any other party other than changing the agreement itself made available by SBYS.NET to the affiliates on the SBYS.NET web site.
T. Questions
Questions regarding this document should be presented to the SBYS.NET Affiliate department by creating a ticket from your Affiliate Account, under the Contact Us menu item, or direct at the URL below:
CONTACT US
- sales@sbys.net
- Whatsapp: +90 535 665 27 34
- İKİZÇAY MAH. ŞEHİT JAN. UZM. ÇVŞ. AYCAN ÖZDİL SOK. NO: 29/2 EDREMİT / BALIKESİR / TÜRKİYE