InMotion Affiliate Program Terms Of Service

This Affiliate Agreement (hereinafter the "Agreement") is made and agreed to between InMotion Hosting, Inc, its subsidiary corporations, affiliate corporations, successors and assigns (collectively referred to as "IMH") and you ("You") or your ("Your") regarding the InMotion Hosting Affiliate Program ("Program").

Only individuals 18 years of age or older may participate in this service. You must provide IMH with up-to-date, complete and accurate information. You must use your own website and identity in the sign-up process and may not assume a false or another person's or entity's identity or place advertiser paid links on a website without authorization. Any Affiliate found to be placing Advertiser paid links on an unauthorized website will be automatically shut down and all earnings shall be immediately forfeited.

You understand and agree that you will not earn a commission on the purchase of your own personal hosting accounts.

By joining the InMotion Hosting Affiliate program, you agree to the following:

• You will NOT earn a commission on the purchase of your own personal hosting accounts.
• You will NOT incorporate or use our trademarked brand name in your URL; such as, but not limited to 'inmotionhosting-reviews, inmotion-hosting, in-motion-hosting, bestinmotionhosting, etc. Any affiliates using a domain with our trademarked name included will be subject to suspension and all commissions will be forfeited.
• Conducting paid search campaigns that utilize keywords such as, but not limited to, 'inmotion,' 'inmotion hosting,' 'inmotion web hosting,' 'inmotion hosting coupon,' 'inmotion hosting discount' or the like is strictly prohibited.
• No direct linking to inmotionhosting.com.
• Affiliates cannot use our URL as the display URL of any advertisements.
• The use of iframes or any other techniques or technology that places your affiliate tracking cookie by any means other than an actual click-through is forbidden.
• Any sales generated in conjunction with special discounts or coupons are not commissionable.

Those affiliates who violate the above are subject to a reversal of commissions and termination of affiliate program membership.

You understand and agree that you are only eligible to earn a commission if the 1 year value of the hosting account you send to InMotion Hosting, Inc. is valued at $71.40 or greater. Accounts valued less than $71.40, including but not limited to domain purchases, other hosting accounts, or hosting accounts with smaller subscription lengths are not allowed and will not be considered at any time for qualification of an affiliate payout. Meaning, only referrals that result in the sale of Business Class, VPS or Dedicated Hosting plans are deemed commissionable. Referrals on domain purchases, Cheap/Personal Class hosting plans, and ALL accounts purchased through the EDU program are NOT deemed eligible for commissions.

"Power Affiliate" is designated as those affiliates that generate ten (10) or more sales within the current Calendar Month in which commissions are earned.

You must use a username/password combination to access your account and it is your responsibility to keep this information confidential. You may change this information inside the IMH affiliate area if necessary. You are solely responsible for any and all use of your IMH account, including authorization granted by you to any other person or entity who may use your account. IMH reserves the right to terminate any member at any time without prior notice to you and/or pursue any legal action in the case of any fraud, system abuse or any type of activity deemed to be inappropriate, in violation of this User Agreement, or illegal by IMH. You agree to promptly notify IMH by email if you suspect that any clicks are not legitimate, or if an IMH affiliate is violating any of the terms of this User Agreement. You agree not to display any content or materials on your website or through the IMH affiliate program that is libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, adult oriented (pornographic) or the offer of any illegal good or service, or Link(s) to a Web site(s) that does so and/or engage in spamming, indiscriminate advertising or unsolicited commercial email.

IMH reserves the right to deny membership to the affiliate program for any reason. IMH reserves the right to terminate this Agreement and your right to use or receive any services or benefits including residuals relating to the IMH program immediately if you breach any term herein at IMH's sole discretion effective immediately after sending written or email notice to you at the last address that you provide to IMH.

You agree to only use the links, promotional materials, and branding made available through the Program in the precise manner and mode by which such links, promotional materials, and branding are made available pursuant to the Program. You further agree to only use such links, promotional materials, and branding for the purpose of establishing links to the InMotion Hosting web site, referring users to the services made available on the InMotion Hosting web site, and promoting the InMotion Hosting as an entity as well as InMotion Hosting's services. Your further agree that you will only use the links, promotional materials, and branding made available pursuant to the Program as additions to the content displayed on his/her web site(s) and that such links, promotional materials, and branding shall not be the sole content on his/her web site(s).

InMotion Hosting operates a 2 Tier affiliate program that is currently via invite only. You must contact InMotion Hosting to be reviewed and accepted into program. The basic referral amount for each sub-affiliate sale will be $20 to the parent affiliate. The sub-affiliate's commission rates are going to be in line with the regular 1 Tier program of $50 ($100 for three referrals). All 2 Tier affiliates and sub-affiliates must abide by the Affiliate Terms of Service in order to be eligible for payouts. InMotion Hosting reserves the right to deny, cancel, refuse commissions, as well as take affiliates out of the 2 Tier Program at our discretion without any prior notification or warning.

FTC Endorsement Compliance

At InMotion Hosting, our aim is to care for our customers in a fair manner and to fully abide with all Federal Trade Commissions regulations that relate to advertising. At the same time, we necessitate that our affiliates do so as well. The regulations include, but are not restricted to, Federal Trade Commission 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising, which necessitates, along with other criteria, that material connections between advertisers and endorsers be revealed. Therefore, directories, review/rating websites, blogs and other websites, email or collateral that claim to provide an endorsement or assessment of an advertiser (in this case InMotion Hosting) must clearly state that the fact financial or in-kind compensation is given by the advertiser.

You can get further information and suggestions on complying with these guidelines via the links below. You are advised to search for and acquire your own legal advice on how these rules apply to your website or any promotional activities that you receive compensation for.

InMotion Hosting reserves the right to withhold commission fees and cancel the affiliate relationship with you should we find, at our discretion, that you are not abiding with the previously mentioned guide or other FTC regulations/guides we view as applicable.

The FTC offers a variety of resources to help make it easier for you to comply with the guidelines, including:

• Guides Concerning the Use of Endorsements and Testimonials in Advertising: http://ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf
• The FTC's Revised Endorsement Guides: What People are Asking: http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking
• Dot Com Disclosures: Information About Online Advertising: http://business.ftc.gov/sites/default/files/pdf/bus41-dot-com-disclosures-information-about-online-advertising.pdf

THE PROGRAM, INCLUDING ALL SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM, ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, IMH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PROGRAM, INCLUDING THE SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH PARTICIPATION IN THE PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

UNDER NO CIRCUMSTANCES SHALL IMH BE LIABLE TO AFFILIATE ON ACCOUNT OF AFFILIATE'S PARTICIPATION IN THE PROGRAM, USE OR MISUSE OF THE PROGRAM, RELIANCE ON THE PROGRAM, INABILITY TO PARTICIPATE IN THE PROGRAM, OR FOR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE PROGRAM. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF IMH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM PARTICIPATION IN THE PROGRAM, USE OR MISUSE OF THE PROGRAM, RELIANCE ON THE PROGRAM, FROM INABILITY TO PARTICIPATE IN THE PROGRAM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PROGRAM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PROGRAM OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE IMH NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

Sales that are completed via the IMH online order process and are generated through the Affiliate link entitle the Affiliate to earn a cash commission based on the following structure: IF less than three (3) Qualified Purchases are generated within a Commission Period: a one-time commission of Fifty United States Dollars ($50.00) for each of the Qualifying Purchases; OR if three (3) or more Qualified Purchases are generated within a Commission Period: a one-time commission of One Hundred United States Dollars ($100.00) for each Qualifying Purchase. Sales that are completed via the IMH telephone order process are not commisionable for the purposes of the IMH Affiliate Program. Any referrals provided prior to membership in the IMH affiliate program are not commissionable and will not be back-dated.

When the total commissions due to You are at least one hundred dollars ($100), IMH will send a commission check for the applicable commission (less any taxes required to be withheld under applicable law) and a statement of activity to You. Such commission checks and statements of activity will be sent approximately forty to fifty days after a valid sale is properly completed, according to the then posted Affiliate Payment Schedule. Commission payments shall be paid by check and mailed to You at the address posted in Your profile. IMH will not reimburse nor compensate You for any commission or other consideration other than for an approved valid sale, made solely by You, and in which Your sale was in approved status for a period of at least thirty (30) days. IMH, in its sole discretion, reserves the right to modify the terms of this commission payment method or schedule.

IMH will be responsible for providing all necessary information to allow You to make appropriate links from Your website to IMH's website. IMH will be responsible for order processing for orders and sales placed by a customer following a special link from Your website, for tracking the volume and amount of sales generated by Your website, and for providing information to affiliate websites regarding sales statistics. IMH will be solely responsible for all order processing, including but not limited to payment processing, shipping, cancellations, returns and related customer service. Any determination made by IMH regarding the foregoing shall be binding absent manifest error. We have affiliates from all over the world! However, due to government, economic, and business limitations, we are currently unable to do business with:

• Cuba
• Iran
• Korea, Democratic People's Republic of (North Korea)
• Sudan
• Syria