Affiliate Program Terms and Conditions

1 PARTIES TO THE AGREEMENT

1.2 My Cyber Hosting & Cyber Technology BVBA/SPRL is a Belgian Private Limited company located at:

Cyber Technology BVBA/SPRL
Emile Dury 164
1410 Waterloo
Belgium

1.3 Participation in the program constitutes full and complete acceptance of the Terms and Conditions set between.(You), (Your) refers to any affiliate or sub-affiliate of the My Cyber Hosting & Cyber Technology BVBA/SPRL Affiliate Program.

2 My Cyber Hosting & Cyber Technology BVBA/SPRL Responsibilities.

2.1 “Tracking URL”, Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site

2.2 To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Product Sites. You must ensure that each of the links between your site and the Product Sites properly utilizes such special link formats

2.3 Sub Affiliate. My Cyber Hosting will also track any affiliate that initially comes to our affiliate program using the dedicated link to promote our affiliate program to other Webmasters and becomes an affiliate during that visit. You will receive a sub affiliate commission for each new sale made by each such sub affiliate made in compliance with this agreement pursuant to the commission schedule and the terms set with our general affiliate agreement.

3 Affiliate Responsibilities.

3.1 You agree that you are 18 years of age or older on the date that you approved the terms of use. You agree that you are in a country where participation in the My Cyber Hosting Affiliate Program does not violate any law or regulation .

3.2 we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

3.3 Limited License
We grant you a nonexclusive, revocable right to use the graphic images and text provided by My Cyber Hosting and such other images for which we grant express permission, solely for the purpose of identifying your site as a My Cyber Hosting Affiliate Program participant and to assist in generating product sales. You may not modify the graphic images or text, or any other of our images, in any way. We reserve all of our rights in the graphic images and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time. We may revoke your license at any time by giving you written notice.

3.5 Terms and conditions update. You agree that our Terms and conditions may be updated by Cyber Technology BVBA/SPRL at any time without notice . You agree to frequently visit this page to keep you informed regarding of any changes to our terms and conditions .

3.6 Cyber Technology BVBA/SPRL will have the responsibility to serve all customers secured through your tracking URL. All prices negotiation with customers for web hosting services shall be directly done between the customer and My Cyber Hosting. My Cyber Hosting shall have the right to determine all pricing from avaible products and promotion and shall have the right to make any changes to any of these plans without notice .

4.1 Commissions are paid on a one time basis + monthly recurring for each new account purchased via your tracking URL excepted for our Virtual Web Hosting Plan A where only a one time signup will be credited. Commissions are paid on new accounts and on every monthly renewal fee, upgrade, or new hosting package sold to any customer referred by the affiliate

Detail from our commissions scheme .

Shared Webhosting plan A site price 50€ per year affiliate commission one time 20€
Shared Webhosting plan B site price 30€ monthly affiliate commission one time 30€ + 6€ monthly until customer cancel the account .
Shared Webhosting plan C site price 60€ monthly affiliate commission one time 60€ + 12€ monthly until customer cancel the account .
Shared Webhosting plan D site price 89€ monthly affiliate commission one time 89€ + 20€ monthly until customer cancel the account .
Dedicated server plan A site price 89€ monthly + one time signup 49€ affiliate commission one time 49€ + 9€ monthly until customer cancel the account .
Dedicated server plan B site price 129€ monthly + one time signup 89€ affiliate commission one time 89€ + 25€ monthly until customer cancel the account
Dedicated server plan C site price 229€ monthly + one time signup 150€ affiliate commission one time 100 + 40€ monthly until customer cancel the account

4.2 Confirmed Commission. (confirmed commission) is one for which the new account which is the subject of the commission has remained in good standing continuously for at least 1 month from its inception and which is one of the following types of accounts:

Shared Webhosting: Plan A , Plan B, Plan C, Plan D
Dedicated Hosting: Plan A, Plan B, Plan C & Promotion

4.3 Payment Date. My Cyber Hosting & Cyber Technology BVBA/SPRL will pay to you all qualified commissions on 1st business day of the month following the date upon which the commission becomes a qualified commission. Commissions are paid via Belgian check or via PayPal ,Moneybookers, or Wire Transfer (in increments of €200 or more for either).

4.4 Timing of Calculation. My Cyber Hosting & Cyber Technology BVBA/SPRL agrees to pay you the commission set forth in paragraph 4.1 herein in effect at the time such commission becomes a qualified commission. The commission amount or any other term of this agreement may be changed by My Cyber Hosting & Cyber Technology BVBA/SPRL at any time without notice to you. It is your obligation to check this agreement document and the Affiliate FAQs regularly to keep advised of any such changes.

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

4.6 Payment Form. Commissions will be paid either via Cyber Technology BVBA/SPRL check sent to the address you provide at registration of your affiliate account or directly to your PayPal , Moneybookers , account or bank account provided to the Affiliate Department. Any changes to this preference may be made via email to affiliate at mycyberhosting dot net. Cyber Technology BVBA/SPRL is not responsible for any loss or damage sustained as the result of any dealings with or otherwise arising out of disputes with PayPal, Moneybookers, or your personal bank. .

4.7 Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

the technical operation of your site and all related equipment

posting Special Links on your site and linking those descriptions to our catalog

the accuracy and appropriateness of materials posted on your site (including, among other things, all Product-related materials) ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)

Ensuring that materials posted on your site are not libelous or otherwise illegal

We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

Absolutely no spam on the search engines, news groups or mailing lists. Spamming will be cause for legal action. Furthermore, Cyber Technology BVBA/SPRL will not pay for any commission listed for that Host site. No bulk mail, mass mail, unsolicited mail etc. Such actions will be cause for legal action. E-mailing to Opt-in lists is acceptable .

5.3 Cease use upon demand. You agree to immediately cease the use of any mark upon request made by My Cyber Hosting & Cyber Technology BVBA/SPRL to the email address provided by you and maintained on file for you by My Cyber Hosting & Cyber Technology BVBA/SPRL. You agree to immediately cease the use of any link created by you to My Cyber Hosting & Cyber Technology BVBA/SPRL upon request by My Cyber Hosting & Cyber Technology BVBA/SPRL to the email address provided by you and maintained on file for you by My Cyber Hosting & Cyber Technology BVBA/SPRL.

6 Termination.

6.1 Effect upon Commission. Either party may terminate this agreement at any time upon notice in writing to the other party. Other than any termination under paragraph 6.2 herein, any commission which has become a qualified commission as of the date of such termination will be paid post termination. Any commission which is not a qualified commission as of the date of notice of termination shall not thereafter become a qualified commission and your affiliate account (and any remaining earnings not qualified under these terms) will be deleted immediately..

6.2 Breach of this agreement. The breach of this agreement, or any provision thereof, knowingly or otherwise, willful or otherwise, is grounds for immediate suspension or at the sole option of My Cyber Hosting & Cyber Technology BVBA/SPRL termination of this agreement in its entirety.

6.2.1 Suspension. Suspension under this paragraph shall mean the withholding of all commission payments qualified or otherwise until such breach is cured. Suspension if not cured within a reasonable time as determined by My Cyber Hosting & Cyber Technology BVBA/SPRL will become a termination under 6.2 as of the date of the initial suspension.

6.3 Survival. Upon termination of this agreement all rights and licenses granted by this agreement are immediately revoked. Paragraph 3.6, section 6 (Termination), Paragraphs 7.1 through 7.14 (inclusive) and 7.16 – 7.19 shall survive such termination and remain in full force and effect.

7 General.

7.1 Authority. Each party represents to the other that it has full binding authority to enter into this agreement and in the case of any entity other than an individual that the parson assenting to the terms of this agreement has the full binding authority of the entity purportedly bound.

7.2 Non-Infringement. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and My Cyber Hosting & Cyber Technology BVBA/SPRL that you will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy.

7.3 Violation of Law. That you will not violate any applicable law, ordinance, regulation or standard.

7.4 Terms of Service. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and My Cyber Hosting & Cyber Technology BVBA/SPRL that you agree to be bound by the My Cyber Hosting & Cyber Technology BVBA/SPRL General Terms of Service which are incorporated herein as though set forth at length herein.

7.5 Unsolicited Email. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and My Cyber Hosting & Cyber Technology BVBA/SPRL that you will not use or otherwise permit the use of unsolicited commercial email (aka SPAM) in relation to the My Cyber Hosting & Cyber Technology BVBA/SPRL Affiliate Program.

7.6 Defamation/Libel. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and My Cyber Hosting & Cyber Technology BVBA/SPRL that you will not transmit any information which is or might be considered to be defamatory or libelous.

7.7 Decency. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and My Cyber Hosting & Cyber Technology BVBA/SPRL that you will not transmit any information which is or might be considered to be illegal.

7.8 Unfair Competition. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and My Cyber Hosting & Cyber Technology BVBA/SPRL that you will not violate any laws regarding unfair competition (including but not limited to European Business ), anti-discrimination or false advertising or the My Cyber Hosting & Cyber Technology BVBA/SPRL General Terms of Service.

7.10 Damage My Cyber Hosting & Cyber Technology BVBA/SPRL. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and My Cyber Hosting & Cyber Technology BVBA/SPRL that you will not take any action that would in any way damage My Cyber Hosting & Cyber Technology BVBA/SPRL or otherwise compromise it's servers or equipment including utilize or otherwise transmit at any time contain viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines.

7.11 No Automatic Links. You agree not to utilize any link that is or can be initiated automatically without the user clicking on the link.

7.12 WARRANTY DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY MY CYBER HOSTING & CYBER TECHNOLOGY BVBA/SPRL PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT MY CYBER HOSTING & CYBER TECHNOLOGY BVBA/SPRL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF ON AND BEHALF OF ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY OR EFFECTIVENESS OF ANY SERVICES OR MATERIALS PROVIDED HEREUNDER OR THAT THE SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE THROUGH ANY PARTICULAR METHOD OF DISTRIBUTION, OR THAT ANY SERVICES OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT WILL WORK WITH EVERY INTERNET BROWSER, OR THAT DEFECTS HAVE BEEN OR WILL BE CORRECTED, OR THAT SUCH SERVICES OR MATERIALS WILL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS OTHERWISE PROVIDED HEREIN, MY CYBER HOSTING & CYBER TECHNOLOGY BVBA/SPRL DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL MY CYBER HOSTING & CYBER HOSTING BVBA/SPRL BE LIABLE TO YOU FOR ANY SERVICE FAILURE, DISRUPTION, DOWNTIME OR INCORRECT LINKAGE UNDER THIS AGREEMENT.

7.13 LIMITED LIABILITY THE CUSTOMER AGREES THAT CYBER TECHNOLOGY BVBA/SPRL SHALL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), (2) USE OF THE SERVICE(S), (3) INTERRUPTION OF MY CYBER HOSTING SERVICES OR INTERRUPTION OF THE CUSTOMER'S BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO MY CYBER HOSTING WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS THE CUSTOMER EXPERIENCES IN RELATION TO THE SERVICES OFFERED BY CYBER TECHNOLOGY BVBA/SPRL; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND CYBER TECHNOLOGY BVBA/SPRL CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF THE CUSTOMER'S ACCOUNT. CYBER TECHNOLOGY BVBA/SPRL ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CYBER TECHNOLOGY BVBA/SPRL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CYBER TECHNOLOGY BVBA/SPRL MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE AFFILIATE FOR THE DISPUTED SERVICE, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, CYBER TECHNOLOGY BVBA/SPRL LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

7.14 Indemnification. The customer agrees to indemnify, defend and hold harmless, CYBER TECHNOLOGY BVBA/SPRL, its subsidiaries and other affiliated companies, its officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use .

7.15 Independent Contractors. Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.

7.16 Choice of Laws /Venue. This Agreement has been made in and shall be construed and enforced in accordance with the laws of Belgium & The Netherlands. Any action to enforce this Agreement shall be brought in the federal courts located in Brussels Belgium.

7.19 Terms of the agreement

These terms will begin upon your signup with the affiliate program and will end when your affiliate account is terminated. The terms of this agreement may be modified by Cyber Technology BVBA/SPRL at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your affiliate account. Your continuing participation in the program will constitute your acceptance of any change.