Simple Game Hosting LLC Affiliate Program Terms
Introduction
This Affiliate Program Agreement ("Agreement") is entered into by and between Simple Game Hosting LLC, a Florida limited liability company ("Company"), and the affiliate ("Affiliate") (collectively, the "Parties"). By participating in the Company's affiliate program (the "Program"), Affiliate agrees to be bound by the terms and conditions contained herein.
Enrollment and Application Process
a. Applying for the program: To enroll in the Program, Affiliate must submit a completed application form available on the Company's website, SimpleGameHosting.com. The Company reserves the right to approve or reject any application at its sole discretion.
b. Review and reevaluation: The Company may periodically reevaluate Affiliate accounts to ensure compliance with the Program guidelines. The Company reserves the right to terminate any partnership/affiliate agreement for any reason, including but not limited to defamation, inappropriate actions and images, or misleading customers.
Affiliate Links and Usage
Affiliate will be provided with a unique referral link to track referrals and commissions. Affiliate is responsible for ensuring proper usage of the link to accurately track referrals and maintain compliance with the Program guidelines.
Commission Structure and Rates
a. 15% monthly recurring commission: Affiliate will receive a 15% monthly recurring commission for each customer referred through their unique link who signs up for the Company's services.
b. Criteria for eligibility: Commissions will only be paid for customers who sign up through Affiliate's unique link and remain active customers in good standing.
Affiliate Payouts
a. Frequency of payouts: Payouts will be made monthly.
b. $25 minimum payment threshold: Affiliate must have a minimum balance of $25 in earned commissions to receive a payout.
c. Payment via PayPal: Payouts will be made through PayPal.
Responsibilities of Affiliates
a. Adherence to guidelines: Affiliate is responsible for complying with all guidelines outlined in this Agreement and any additional requirements communicated by the Company.
b. Submission of tax forms (W8/W9): Affiliate is required to submit a completed W8/W9 tax form before receiving any commission payouts. Affiliate is responsible for paying taxes on all earned commissions.
c. Payment forfeiture circumstances: If Affiliate fails to submit the necessary tax and payment information within 120 days of earning a commission, the payment will be forfeited, and the Company will not be required to issue the payment.
d. Informing about address changes: Affiliate must notify the Company of any changes to their address or contact information within 2 days of the change.
e. Affiliate must disclose the affiliate relationship when talking about SimpleGameHosting in content. In text content, this means an affiliate disclosure should be prominently placed on the page. In video content, the relationship should be disclosed via audio, text on screen, or both.
f. Affiliate must comply with all FTC disclosure rules and regulations in addition to any disclosure rules or laws outlined in the Affiliate’s country. Here is a link to the FTC disclosure rules for influencers for reference. https://www.ftc.gov/business-guidance/resources/disclosures-101-social-media-influencers
Policies for Paid Search Advertising
a. Bidding on prohibited keywords: Affiliate is not permitted to bid on the Company's brand keywords, “Simple Game Hosting,” “SimpleGameHosting,” “SimpleGameHosting.com,” as well as the keywords:"Breakdown Hosting," "TheBreakdown Hosting," "TheBreakdownXYZ Hosting," or any other keywords containing the Company's brand name in search advertising.
b. Restrictions on display URLs: Affiliate is prohibited from using SimpleGameHosting.com as a display URL in paid advertising.
c. Acceptable ad copy usage: Affiliate may use "Simple Game Hosting" or "SimpleGameHosting" in ad copy, provided it is not used as the display URL.
Intellectual Property Rights
a. Use of Company's logo, trademarks, and other intellectual property: Affiliate may use the Company's logo, trademarks, and other intellectual property solely for the purpose of promoting the Program, subject to the guidelines provided by the Company.
b. Prohibition of trademark infringement: Affiliate is prohibited from engaging in activities that infringe upon the Company's intellectual property rights, including but not limited to registering domain names containing the Company's brand name, trademarks, or variations thereof.
Governing Law and Jurisdiction
a. Specifying governing law: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
b. Jurisdiction for disputes: Any disputes arising out of or relating to this Agreement shall be resolved in the state or federal courts located in Florida, and the Parties hereby consent to the exclusive jurisdiction of such courts.
Termination
a. Grounds for termination by either party: Either party may terminate this Agreement for any reason upon providing written notice to the other party.
b. Notice requirements: Termination notices must be provided in writing, either via email or certified mail, with a minimum of 30 days' notice.
c. Effect of termination on outstanding commissions and obligations: Upon termination, any outstanding commissions earned but not yet paid shall be paid to Affiliate according to the terms of this Agreement. The Parties agree to fulfill any remaining obligations under this Agreement.
Anti-Spam Policy
a. Prohibition of spam and unsolicited marketing: Affiliate is prohibited from engaging in spamming or unsolicited marketing activities in connection with the promotion of the Program.
b. Compliance with applicable anti-spam laws: Affiliate must comply with all applicable anti-spam laws and regulations, including but not limited to the CAN-SPAM Act and the GDPR.
c. Cooperation with Law Enforcement and Internet Service Providers: In the event that a law enforcement agency or internet service provider informs Simple Game Hosting of your involvement in the distribution of unsolicited mass emails or participation in any illegal activities or actions breaching said provider's terms of service, we retain the right to collaborate in any inquiry concerning your actions, which may include revealing your account details in relation to such investigation.
General Terms
This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and negotiations, whether written or oral. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both Parties.
Changes to Affiliate Program Policy
The Company reserves the right to update or modify the terms of this Agreement at any time. Affiliate will be notified of any material changes to the Agreement, and continued participation in the Program following such notification shall constitute acceptance of the updated terms.
Nature of Relationship Between Parties
Nothing in this Agreement shall be construed to create a partnership, joint venture, or employer-employee relationship between the Parties. Affiliate is an independent contractor and is not an employee or agent of the Company.
Limitations on Liability
The Company's liability for any claim arising out of or related to this Agreement shall be limited to the amount of commissions earned by Affiliate during the 12-month period immediately preceding the event giving rise to the claim. In no event shall the Company be liable for any special, indirect, consequential, or punitive damages, even if advised of the possibility of such damages.
Warranty Disclaimers
The Company makes no warranties, express or implied, regarding the Program or the services offered thereunder, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Representations and Assurances
Affiliate represents and warrants that they have the legal capacity and authority to enter into this Agreement and to perform all obligations hereunder. Affiliate further represents and warrants that they will comply with all applicable laws and regulations in connection with their activities under this Agreement.
Safeguarding Confidential Information
Affiliate agrees to hold in strict confidence any non-public information received from the Company in connection with this Agreement and to use such information solely for the purpose of performing their obligations under this Agreement.
Indemnity
Affiliate agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to Affiliate's breach of this Agreement or violation of any applicable law or regulation.
Additional Provisions
Any provision of this Agreement that is found to be invalid or unenforceable by a court of competent jurisdiction shall be deemed severed from the Agreement, and the remaining provisions shall continue in full force and effect. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right to enforce it at a later time.
Resolution Through Binding Arbitration
Any disputes arising out of or relating to this Agreement or the relationship between the Parties that cannot be resolved through good faith negotiations shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Florida, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party in any arbitration or litigation shall be entitled to recover its reasonable attorney's fees and costs from the other party.
By participating in the Program, Affiliate agrees to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you are not authorized to participate in the Program.