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 understood 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 Program until terminated.
Please read these Terms and Conditions carefully. You may print it for your records.
“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 and 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, module code, 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”, “Referral”, “Subscriber” — means the actual user referred by You, who has registered an account with TenWeb, 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, as applicable.
“Affiliate Manager”— means the software/application that we make available to you upon your acceptance into the Program and for you to use in order to participate in the Program. This tool may be proprietary, developed by Us, as well as developed by a third party.
“Product/s”, “Service/s” — refers to 10Web platform as a whole and a SaaS application intellectual property of TenWeb Inc. It includes hosting, plugins, builder, themes and other services that are provided by TenWeb Inc. to a Customer on a subscription basis which refer to plans with different prices and payment schedules, payment gateways and level of service provided by TenWeb Inc. All subscription plans are described in Our publicly accessible sources, such as Our website at https://10web.io/pricing.
“Tracking Link/s”, “Link/s” — is a unique link generated by Affiliate Manager. The Link can be used to promote 10Web Product/s and Service/s on Your Website/s, Social Channel/s, within your products/Services and similar. Additional limitations may apply, please read through the entire Agreement.
“Commission”- means a percentage from an amount payable/paid to You in US Dollars, 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/Services. The transactions are “qualifying”, if the transaction was pursuant to this Program and in full compliance to this Agreement. Additional terms apply, please read through the entire Agreement.
- Credentials (Username and Password) you establish to create and further access your account
- Applicant information – email address, company name, 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 the 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.
- You are responsible for keeping Your password in a safe place and not sharing it 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 Member rights will expire as of the time of account closure.
- TenWeb Inc. only allows one account per individual/company. Some Companies may qualify for an exception, depending on the nature and scale of their business. Feel free to contact us at [email protected] and ask for possible exceptions.
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.
Affiliate Manager software
- See general statistics regarding your account, including total transactions, current earnings, unique visitors/transactions and more;
- Get your Tracking Link;
- Access Promotional Materials like banners, text ads, email links, code, etc.;
- Track commission reports, including current, pending and paid commissions;
- Info about your payment history;
- Traffic log report by date, time, IP address, referring URL;
- And more.
General requirements applicable to Your Tracking Link/s:
- Tracking Link/s may be created by Us or Affiliate, through the Affiliate Manager software then in use by 10Web.
- You are not allowed to use the Tracking Link made available to you by Us to purchase any 10Web Product/s or Servise/s for your personal or commercial use of any kind.
- You are solely responsible for the content, style, use/misuse and placement of each Link that you make available through your Site and other channels, as well as for ensuring that Tracking Link maintains the appropriate formatting necessary for Us to properly track referrals and resulting Qualifying Transactions.
- Auto-tag, iframe, automatic cookie install are prohibited to be used for the Link.
- Link shortening, cloaking, hiding, spoofing, or otherwise obscuring the URL of Your site containing the Link (including by use of a redirecting page) in a way that We cannot reasonably determine the source from which a customer clicks through such Link, is prohibited.You may use link shortener plugin to make links look shorter,but you have to mention Product name or 10Web. Inc., so the person knows where he will be redirected.
How it works
- You will have access to 10Web’s Promotional Materials after creating your 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 Your 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 latest referrer 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 the latest).
- 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 the 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 Promotional Materials. 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 a 60 day period. For this reason, Affiliates will not be paid Commissions for referred Customer/s registering an account with TenWeb after the 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 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 Commission/s’ 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/Services 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.
- 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 Commission/s’ 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 [email protected], in case your payment information has changed.
- Affiliates 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 12 month actual gross revenue (counted from the first Qualifying Transaction) from all Qualifying Transactions of any unique referred Customer, regardless of the type of Product/s purchased. For avoidance of doubt, if the referred Customer canceled its Subscription prior to the end of said 12 month period, You will receive Commissions for the actual gross revenue prior to such cancellation.
- Commissions for current month Qualifying Transactions are paid within twenty (20) days during next month. In case there are Money-Back periods or any other promotional periods associated with any of 10Web offerings, such as lifetime deals, limited time offerings and similar, the Commissions for Qualifying Transactions associated with such offerings are paid within twenty (20) days after such Money Back period expiration and on actual gross revenue, as applicable
- You will receive payments if your account balance is at least $200 at the time of payment.
- If there has not been a referred paying Customer through Your Tracking Link within 180 days of the last paying Customer referral, the application and Your access to the Program will be withdrawn.
- 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 the Company’s final decision.
- In case your Membership/Account terminated for whatever reason, other than for violation of the Agreement, 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. Non-US Affiliates are required to submit W8Ben or W8Ben-E forms, as applicable.
- In compliance with U.S. tax laws, TenWeb will issue a Form 1099 to/for Members whose earnings meet or exceed the applicable threshold
We reserve the right to update or change the Program Terms and Conditions at any time and you should check these terms periodically. These modifications may include, but not limited to changes in the scope of available Commissions, Commission schedules, payment procedures and other terms of the Program.
- Are not inaccurate, overbroad, deceptive or otherwise containing misleading claims about any of Our Product/s, or any of Our policies, promotions, or prices.
- Product prices and availability may vary from time to time. Because prices for and availability of Products that you have listed on your Site may change, your Site may only show prices and availability that are up to date.
- You will not engage in any promotional, marketing, or other advertising activities on behalf of Us or Our Affiliates, or in connection with the TenWeb Inc, that are not expressly permitted.
- Do not violate any law or regulation and are 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
- You obtained any necessary clearances, licenses, or other permission for any intellectual property used on your promotional channels. Nothing on Your promotional channels 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.
- You are prohibited to do paid search placement, such as an advertisement that you purchased through bidding on keywords, search terms, or other identifiers of TenWeb Inc. It is forbidden to create Google, Bing, Yandex and other search website ads and put your TenWeb Inc. Tracking Link. Instead, put a link to a promotional channel You own and/or have the legitimate right to use where You have TenWeb Tracking Link.
PPC > 10Web Tracking Link – NO
PPC > Review Site > 10Web Tracking Link – YES
- You will not (and you will not seek to) purchase, register or otherwise use any TenWeb Inc. Trademarks or variations or confusingly similar words (e.g., “tennweb,” “tenwab,” and “10webs,”) for use in any Search Engine. In addition to any other rights or remedies available to Us, upon Our request you agree to cause any Search Engine mentioned by Us to exclude such keyword/s used to display Your advertising content in association with search results (e.g., request exclusion by negative keyword bidding), assuming the Search Engine offers such exclusion capabilities.
- You are not allowed to use any of TenWeb Trademarks as part of Your domain name or top-level domain name. However, you can use a trademarked name in your post permalink.
10webreviews.com – NO
mysiteexample.com/10web-reviews – YES
License: promotional materials
You warrant that you will:
- use the Promotional Material We made available to You, without altering them; except that you may resize Promotional Material consisting of a graphic image in a manner that maintains the original proportions of the image or truncate Promotional Material consisting of text in a manner that does not materially alter the meaning of the text or cause the text to become factually incorrect, or misleading;
- use our Promotional Materials only in connection with the 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.
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 Your and Company’s business relationship is not available for the 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.
Relationship of parties
Limitation of damages; release
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.
We will notify you in writing within 30 days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
Modification of terms
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