Last updated: 20 July, 2018

Overview

Welcome to TenWeb, Inc. Affiliate Program. It’s free to join, easy to sign-up and requires no technical knowledge. Our Affiliates are very important to Us and We do our best to treat You with the fairness and respect you deserve.
The foregoing “Terms and Conditions” are a legal Agreement between You and TenWeb, Inc. This Agreement contains the complete Terms and Conditions that apply to You becoming a Member of TenWeb, Inc.’s Affiliate Program. By submitting the online application to join the Program You are agreeing that You have read and understand the Terms and Conditions of this Agreement and your agreement to be legally bound by these Terms and Conditions.
This Agreement does not create an exclusive agreement between You and Us. Both You and We will have the right to recommend similar products and services of third parties and to work with other parties in connection with similar services and products of third parties.
This Agreement will apply for as long as you participate in the Affiliate Program, until terminated.
Please read these Terms and Conditions carefully. You may print it for your records.

Definitions

“TenWeb”, “10Web”, “Company”, “We”, “Us”, “Our” – refers to TenWeb, Inc., depending on the context

“You”, “Your”, Member/s”, “Affiliate/s”- means the party other than TenWeb, Inc., entering into this Agreement

“Affiliate Program”, “Program”, “The Program”- means Our Affiliate Program as described in Our publicly accessible sources, such as Our website at https://10web.io and in this Agreement.

“Promotional Material/s”- means all information, including but not limited to data, text, messages, software, sound, music, video, photographs, graphics, images, banners, links, logos, trademarks and tags that We provide to You in connection with You joining the Program.

“Customer”, “Client” – means the actual user who has registered an account with TenWeb, referred by You, after clicking the unique tracking link we have provided to You to promote Our Products on Your website and through other channels.

“Agreement”, “The Agreement”, “This Agreement”, “Terms and Conditions”- refers to policies, rules, terms, conditions and guidelines, as well as other materials linked to in here, governing the relationships between You and Us pertaining to Your engagement in TenWeb’s Affiliate Program.

“Affiliate Manager”- means the software/application that we make available to you upon your acceptance into the Affiliate Program and for you to use in order to participate in the Affiliate Program. This tool may be proprietary, developed by Us, as well as developed by third party.

“Commission”- means a percentage from an amount payable/paid to You in USD, from the amounts received by Us from Qualifying Transactions. Specific calculation terms apply, please read through the entire agreement.

“Qualifying Transactions” – are those transactions by the customers, when they pay Us for Our products. The transactions are “qualifying”, if the transaction was pursuant to this Affiliate Program and in full compliance to this Agreement. Additional terms apply, please read through the entire Agreement.

Enrollment

To enroll in TenWeb Affiliate Program You must create an account with Us. Please complete and submit the online application form (link). While completing the application form, you will need to provide us with certain information/data about you and/or your business. Please read through our Privacy Policy (link) for more information on how we handle your information. This information/data is necessary for account establishment and management purposes, including, but not limited to creating an account for you, providing you with access to our Affiliate Manager software, verifying Qualifying transactions, paying commissions and such. The information/data we collect includes, but is not limited to:

  • Credentials (Username and Password) you establish to create and further access your account
  • Applicant information- email address, Company, website address, applicant name and address
  • Payment information- e.g. PayPal email address

You have to provide valid, accurate and complete information about you/your company. If you need to change your account information, please send us an email with new information to [email protected] and we will change your account information accordingly.

After application submission we will review your application and notify you once your application is accepted. Please note, that we retain the right to reject your application for whatever reason, without further explanation of the reason for rejection. We may not inform you if your application is rejected.

During application review process we might need to contact you for additional information, prior to accepting your application.

An account will be established for you, once your application is accepted.

Account

Once your account is established you can access Affiliate Manager using your username and password provided in application form. You are responsible for keeping your password in a safe place and not sharing with others. The account belongs to and is for exclusive use by the account holder. You are not allowed to transfer your account and respective rights to any third party. We retain the right to treat all activities conducted using your password as activities conducted by you. You agree to notify us immediately of any unauthorized use of your account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your password and/or account. You may want to change your account credentials, close your account and terminate your membership to the Program at any time. Please send us an email to [email protected] Please note, that your rights of Program Member will expire as of the time of account closure.
We retain the right to suspend or terminate Your account at any time without prior notice, if we believe that You have violated the terms described in this Agreement and/or is deemed by Us, under reasonable criterion (e.g. account holder is involved in illegal business and/or has otherwise objectionable conduct, that may harm Our reputation, etc.), to be inappropriate.

Privacy Policy

We respect your privacy. Please refer to our Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. By entering your account, you confirm your consent to the terms of our Privacy Policy.

Affiliate Manager

As a member of TenWeb’s Affiliate Program, you will have access to Affiliate Manager Software. We are using a third party software, namely “iDevAffiliate”. This tool provides you with the ability to:

  • See general statistics regarding your affiliate account, including total transactions, current earnings, unique visitors and more;
  • Access marketing materials like banners, text ads, email links, etc.;
  • See commision reports, including current, pending and paid commissions;
  • Info about your payment history;
  • Traffic log report by date, time, IP address, Referring URL;
  • And more

How it works

  • You will have access to TenWeb’s Promotional Materials after creating your Affiliate account
  • The customer/s referred to Us by You ( i.e. after clicking the unique tracking link we have provided You) will be linked to you/your Affiliate Account, if customer/s sign up for Our products/services by registering an account during a 60 day period (see details below).
  • The customer/s will be linked to the first referrer Affiliate account (i.e if the same Customer is referred to Us by more than one Affiliate, said Customer will be linked to the account of Affiliate that referred that Customer to Us earlier).
  • All purchases made by Customer/s are tracked using visitor IP and/or cookies. We guarantee that you will receive a commission from a qualifying transaction/s, if user’s IP does not change and cookies are not deleted during the time between clicking the tracking link to registering an account with Us. Tracking code is included in Links and/or Banners. You should not change that code ever. If you modify the code you will not be paid commissions, as we will not be able to identify you.
  • We store/track cookies for 60 day period. For this reason, Affiliate/s will not be paid commissions for referred Customer/s registering an account with TenWeb after 60 day period.
  • Only clicks generated organically will be considered. In case of forcing users to click or using non fair techniques you will be removed from the program, your account will be terminated and commissions will be forfeited at Our sole discretion. Unfair techniques include, but are not limited to, the use of: Auto-Hit or Auto-Surf programs, displaying affiliate tracking URL within an iframe or image src, automatic pop-ups or automatic redirects to affiliate URLs without action by the visitor, or any other method meant to automatically track a visitor in the affiliate system without an intentional click.

Commissions and Payments

  • Qualifying transactions are subject to commissions’ payment. To be eligible for Commission 1) a customer should have been referred to Us by You in the result of clicking the unique tracking link We have provided to You to promote Our Products on Your website and/or through other channels, 2) Customer has to have registered an account with Us, after the action described in the point (1) above and 3) Customer at least once has paid for Our products.
  • We use industry leading financial transaction gateway- PayPal for paying Affiliates. PayPal has its own Privacy Policy and Terms of Services, so please read them.
  • Our prices are in USD and we make Affiliate payments in USD. For international transactions different currency exchange rates, as well as transaction fees may be imposed by PayPal and it is Your responsibility to get acquainted with them.
  • You should add a valid PayPal email to receive any payments from us. Failure to provide us with valid payment information or any changes to it thereof (e.g. PayPal email) will result in Commissions’ delay and/or forfeiture. In such cases or refusal from PayPal to process payment, said payments will be re-issued only once and within 60 days of original issue date. Payments that fail in case of re-issuance are forfeited and will not be issued again. You should email us to affiliates[email protected] , in case your payment information has changed.
  • Affiliate/s are paid commissions for any purchase/s (both initial and subsequent qualifying transactions) made by linked Customer/s, regardless of the type of product/s purchased by such Customer/s.
  • We pay 50% commission from gross revenue from initial/first Qualifying Transaction and 10% from gross revenue from subsequent qualifying transactions for the same Customer, regardless of the type of product purchased.
  • Commissions for current month Qualifying Transactions are paid within twenty (20) days during next month.
  • You will receive payments if your account balance is at least $50 at the time of payment.
  • If we refund a Customer, for any reason, then the Commission associated with said refund will be deducted from your account. The deduction will be made, even if the refund was made after the Commission associated with said refund was already paid to You. The deduction in this case will be applied to Your account for the payment period when the refund has occurred. You agree that in any dispute regarding Commissions, you will agree with Company’s final decision.
  • In case your Membership/Account terminated for whatever reason, You are still eligible to receive Commissions for all Qualifying Transactions that have occurred before such termination. You will not receive Commissions for Qualifying Transactions that have occurred after such termination, including the recurring Commissions related to Qualifying Transactions that have occurred before such termination.
  • If you do not agree with any Commissions paid, you have to contact Us within 30 days of a payment. Otherwise you agree with the results.
  • You are responsible for payment of all taxes applicable to the Commission. We will not withhold any taxes from Commissions, unless required so by applicable laws.
  • US based Affiliates are required to submit a W9 tax form upon Our request
  • In compliance with U.S. tax laws, TenWeb will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable threshold

We reserve the right to update or change our Affiliate Program Terms and Conditions at any time and you should check this terms periodically. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and other terms of Affiliate Program.

Affiliate Conduct

Affiliate warrants that his/her website and marketing activities:

  • Do not violate any law or regulation and is in compliance with generally accepted approaches to advertising.
  • Do not contain any harmful piece of code included but not limited to worms, viruses, Trojans and such.
  • Do not advertise to people who are younger than 18 and not eligible to use our products.
  • Your website should not contain any materials that in their nature are:
    • Obscene or pornographic
    • Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise)
    • Graphically violent
    • Solicitous of any unlawful behavior
  • Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate websites. Nothing on Affiliate’s websites infringes upon the intellectual property rights of any third party. No third party has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any third party will bring or threaten such claim in the future.
  • Deceiving the potential customer in any way, as well as utilizing email spam mechanisms is strictly forbidden and will result in your account termination.

License: Promotional Materials

We grant You a nonexclusive, nontransferable, royalty-free right to use and display Our Promotional Materials in connection with the Affiliate Program and this Agreement.

You warrant that you will:

  • use the Promotional Material We made available to You, without altering them.
  • use our Promotional Materials only in connection with the Affiliate Program and this Agreement. Not use them in a way that implies We endorse, sponsor or approve Your services or products
  • not to copy, rent, lease, sell, distribute, or create derivative works based on Our Promotional Materials
  • immediately discontinue Promotional Material use upon our request .

Proprietary Rights.
No license to any of Our Products/ Services/ Software is granted by this Agreement.

Confidentiality

For the purpose of this Agreement, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), (i) whether orally or in writing, that is designated as confidential, and (ii) TenWeb customer and prospect information, whether or not otherwise designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party or (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party. The Receiving Party shall: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses with its own confidential information, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party, and (iv) limit access to Confidential Information of the Disclosing Party to its employees, contractors and agents. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process. Any information regarding to your and Company’s business relationship is not available for general public and should be considered as “Confidential Company information”. You cannot share any “Confidential Company information” without our written consent except when it is required by laws.

Consent to Receive Communications in Electronic Form.

You (a) consent to receive communications from Us in an electronic form via the email address you have submitted or the Affiliate Manager messaging/notification tools; and (b) agree that all Terms of Agreement, notices, disclosures, and other communications that the we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by sending an email to [email protected]

Relationship of Parties

You and TenWeb are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Warranty Disclaimer

THE TENWEB PRODUCTS/SERVICES AND AFFILIATE MANAGER TOOL, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE TENWEB PRODUCTS/SERVICES AND AFFILIATE MANAGER TOOL INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO THE TENWEB PRODUCTS/SERVICES AND AFFILIATE MANAGER TOOL WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Limitation of Damages; Release

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM INTERACTIONS WITH THE COMPANY.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL COMMISSION AMOUNTS YOU HAVE ACTUALLY EARNED FOR THE RELATED CUSTOMER TRANSACTIONS BUT NOT MORE THAN TOTAL COMMISSION AMOUNTS YOU HAVE ACTUALLY EARNED IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.
SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Modification of Terms

We can amend the Terms of this Agreement at any time and will update those herein in the event of any such amendments. It is your sole responsibility to check this Agreement from time to time to view any such changes. If you continue your membership, you signify your agreement to our revisions to this Agreement. However, we will notify you of material changes to the terms by sending an email to the email address you provided to us upon enrollment. For this additional reason, you should keep your contact information current.

General

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on our part to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. This Agreement is governed by the federal laws of the United States of America and the laws of the State of Delaware, without regard to conflict of law provisions. The Company may assign or delegate this Agreement and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the This Agreement or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND THE TERMS AND CONDITIONS, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS AND CONDITIONS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

TENWEB, INC.
40 E MAIN ST
SUITE 721
NEWARK, DE 19711