Instant Reseller Hosting Affiliate Program

Instant Reseller Web Hosting Affiliate Program

Dotster Inc. (Dotster) provides this Instant Reseller Web Hosting Affiliate Program (the "Program") to you, subject to the following terms and conditions of this agreement (the "Agreement") in addition to all terms and conditions of the Dotster reseller agreement, incorporated herein by reference and can be found at the following URL: https://www.registerapi.com/signup/. The Program is offered through Dotster’s Web hosting property, HostLane.com.

Dotster reserves the right to modify these terms and conditions, amplify them, and/or modify the Web hosting customer referral fee set forth below, as well as discontinue or change the Service. Selection of HostLane.com Affiliate Program on the product offerings page of your Instant Reseller account management area shall constitute your acceptance of the terms and conditions of this Agreement.

This Agreement represents the complete agreement and understanding between Dotster and you regarding the Instant Reseller Web Hosting Affiliate Program (the "Program") and supersedes any other prior agreement whether written or oral.

  1. Application.

    Individuals or organizations wishing to participate in the Program must select the product, HostLane.com Affiliate Program, on the product offerings page of their Instant Reseller account management area. Dotster reserves the right to refuse participation in the Program to any person in its sole and absolute discretion.

  2. Referrals.

    Affiliate will actively refer potential Web hosting customers to HostLane.com. For each Successful Link-to-HostLane.com Referral (as hereinafter defined) Dotster will pay Affiliate a one-time Web hosting customer referral fee (the "Fee") as designated in the Referral Fee section of this document.

A Successful Link-to-Dotster Referral is one which satisfies the following criteria:

    1. the referred customer must purchase or sign up with HostLane.com for a Web Site Hosting Plan as specified in Section 3. Referral Fee Plan;
    2. the referred customer must reach the HostLane.com Web site by clicking on a link or logo received by the Affiliate through the Dotster Instant Reseller Hosting Affiliate Program login interface;
    3. the Web Service Application must be completed in full and contain complete, accurate and current billing and contact information specific to the referred customer purchasing the Web hosting service package;
    4. the Web hosting services must be ordered in the referred customer's name;
    5. the referred customer may not be a previous Web hosting services customer of HostLane.com who received Web hosting services from HostLane.com during the six (6) months prior to the new Web hosting service order date;
    6. the referred customer must be a HostLane.com hosting client for a minimum of forty-five (45) consecutive calendar days (based on HostLane.com's recorded date of payment in full of initial Web hosting fees payable);
    7. the referred customer may not be a previous Web hosting services customer of HostLane.com's whose Web hosting account was terminated by HostLane.com for non-payment or other violation of HostLane.com's standard terms and conditions.

  1. Referral Fee Plan.

Referral fees are established according to the following plan:

HostLane Package You Make!
Bronze Court Monthly & Quarterly $10
Silver Street Monthly & Quarterly $15
Gold Lane Monthly & Quarterly $20
Platinum Place Monthly & Quarterly $25
Bronze Court Yearly $35
Silver Street Yearly $40
Gold Lane Yearly $45
Platinum Place Yearly $50
  1. Fee Payment.

    Dotster shall pay the Fee to Affiliate by check payable by the 20th of the following month after a valid account signup has been determined. The Fee will be included in the regular Instant Reseller payout as specified in Dotster’s Reseller Agreement.

  2. Statements.

    Affiliate agrees not to make any representations, warranties or other statements concerning Dotster, its Web site(s), any of Dotster's products or services, or Dotster's policies, except as detailed in this Agreement.

  3. Refusal of Service.

    Affiliate agrees and understands that HostLane.com reserves the right to refuse Service to any new or existing customers in its sole and absolute discretion.

  4. Processing.

    HostLane.com shall have the sole right and responsibility for processing all orders made by referred customers. Affiliate acknowledges that all agreements relating to sales to customers shall be between HostLane.com and the referred Customer.

  5. Referred Customer Privacy.

    Affiliate agrees that upon ordering of HostLane.com Web hosting services the referred customer's Web hosting account information and other proprietary information regarding the referred customer becomes the property of Dotster. Under no circumstances shall Dotster be required to provide Affiliate with any information or updates regarding the referred customer or any details regarding the referred customer, except to confirm the Referral.

  6. Independent Contractors.

    Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect. Nothing in this Agreement will constitute or be construed as constituting or tending to create an agency, partnership or employer/employee relationship between the parties.

  7. Indemnification.

    Affiliate agrees to defend, indemnify and hold Dotster and its agents and third party vendors harmless from any claim or demand, including attorneys' fees resulting from use of Dotster's services.

  8. Limitation of Liability.

    IN NO EVENT AND UNDER NO LEGAL THEORY SHALL DOTSTER BE LIABLE TO THE REFERRED CUSTOMER OR THE AFFILIATE FOR THE LOSS OF THE REFERRED CUSTOMER'S OR AFFILIATES' DOMAIN NAME, ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF DOTSTER'S SERVICES, EVEN IF DOTSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DOTSTER'S LIABILITY EXCEED THE INITIAL FEE OR THE MONTHLY FEE PAID BY THE REFERRED CUSTOMER. AFFILIATE UNDERSTANDS AND AGREES THAT THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF DOTSTER'S SERVICES.

  9. Warranties.

    Affiliate acknowledges that Dotster makes no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available or provided. Use of information obtained from or through Dotster or the use of its services is at the risk of Affiliate.

  10. Miscellaneous.

A.     THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN COWLITZ COUNTY IN THE STATE OF WASHINGTON AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

B.     The Affiliate agrees that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

C.     Dotster's failure to require performance by the Affiliate of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

    14. Unenforceable Provisions

If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.

     15.  Waiver

No waiver of any of the provisions of these Terms and Conditions shall be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

     16.  Entire Agreement

These Terms and Conditions represent the complete Agreement and understanding between us and supersede any other written or oral agreement. relating to the subject matter hereof, and all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Agreement, initiated by Affiliate will be effective only if accepted in writing and signed by Dotster.