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Fasthosts Affiliate Program - Terms and Conditions

Last updated October, 2023

In this Agreement, "Fasthosts," "we," “our” and "us" means Fasthosts Internet Limited and "you", or "Affiliate" means the applicant desiring to participate in the Fasthosts’ Affiliate Program (the "Affiliate Program").

"Link" or "Links" refers to any hypertext link, URL, banner, graphical or text ad containing a reference to Fasthosts or its products or services or web properties and made available to you by Fasthosts pursuant to this Agreement. The "Fasthosts’ Site" or "Our Site" means the web site located at https://www.fasthosts.co.uk/ or other Fasthosts owned Internet properties, "our" means belonging to or pertaining to Fasthosts. "Your Site" means the web site or sites, email, or other online marketing venues upon which you establish the Links to Our Site as part of the Affiliate Program. The term "Fasthosts’ Services" means any Fasthosts service or product as well as any services or products that Fasthosts may introduce from time to time in the future and offer through the Affiliate Program.

By using the Links provided by Fasthosts, you are entering into this Agreement with Fasthosts and entering Fasthosts’ Affiliate Program. The Effective Date of such Agreement is the day on which Link is used by you. The use of such Fasthosts Links and participation in the Affiliate Program will create binding obligations only between you and Fasthosts, and you will look solely to Fasthosts for any claims on Valid Sales arising through such Links.

  1. Eligibility for the Fasthosts Affiliate Program

    1. To enrol in the Affiliate Program, you must register on the Affiliate Program website and receive a valid affiliate identification number (“Affiliate ID”), you must comply with the requirements of this Agreement and, if you are a Fasthosts customer, you must be in good standing. Acceptance into the Affiliate Program is at our sole discretion, which may be withheld or withdrawn at any time and for any reason or for no reason at all.
    2. Upon acceptance, you will be able to log in to the Affiliate Program website via https://www.fasthosts.co.uk/affiliates (the “Affiliate Portal”) and access the Links. You agree to keep your contact and payment information complete, accurate, and up-to-date in the Affiliate Portal at all times. Fasthosts’ rights and obligations with respect to the disclosure and use of the information we gather about any Affiliate are governed by the terms of this Agreement and Fasthosts Privacy Policy and, in addition to any other permitted uses, any such information may be used for Fasthosts internal accounting, promotional or legal processes.
    3. We may reject or discontinue your participation in the Affiliate Program if we determine, at any time and at our sole discretion, that Your Site is unsuitable for the Program. Your Site may be deemed by us to beunsuitable if, in our view, it;
      1. contains, promotes or links to sexually explicit, violent, defamatory, threatening, or harassing material;
      2. promotes, depicts or links to material that promotes or depicts discrimination (whether based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age);
      3. contains unlawful material, including but not limited to materials that may violate another's intellectual property rights, or links to a site that contains such material;
      4. contains information regarding, promotes or links to a site that provides information or promotes illegal activity or which is otherwise misleading or deceptive;
      5. is directed to persons under the age of 18, or
      6. for any other reason that is deemed by us to be unsuitable.
    4. You understand that Fasthosts reserves the right to conclude that Your Site is unsuitable in accordance with our standards, in our sole discretion, and we may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded and even if our opinion or suspicion is proven not to be well-founded or if others' sites have not been deemed unsuitable despite having the same or similar characteristics as Your Site.

  2. Usage

    1. Subject to the terms of this clause 2, we will provide to you all Links, and any related banners, graphics, or text ads necessary to promote and offer the Fasthosts’ Services to Your Site's visitors and/or its members. The Link may consist of ads containing text or graphic images provided by us (and is subject to change from time to time in our sole discretion) and may contain our logo or other references to Fasthosts. This Link will connect Your Site with the area on Our Site where the visitor may apply for the Fasthosts Services directly with us. The Link will serve to identify you as a member of our Affiliate Program and will establish a link from Your Site to Our Site.
    2. In utilising any Fasthosts’-provided Link, you agree that you will cooperate fully with us in order to establish and maintain such Link. You also agree that you will display only those Links that are provided by us, and you will substitute such Links with any new or updated Links provided by us from time to time throughout the term of this Agreement. All Links may be modified by us and/or expanded from time to time throughout the term of this Agreement. We reserve the right to monitor your Links and to demand changes to the placement or any other aspect of your use of the Link if, in our sole discretion, we believe that your Link negatively affects Fasthosts in any way. Proper use and coding of the Link is the sole responsibility of the Affiliate.
    3. Each Link connecting users of Your Site to the pertinent area of Our Site shall in no way alter the look, feel or functionality of Our Site.
    4. To obtain permission to advertise the Link in ways not specifically permitted by this Agreement, you must email Fasthosts at affiliates.team@fasthosts.com with your proposed advertising method, Affiliate ID, and personal contact information and we will then contact you regarding this request. Such requests will be given due consideration, however, Fasthosts reserves the right to deny any such requests without reason or justification, in Fasthosts’ sole discretion.
    5. You understand that the Links and any related banners, graphics, artwork, or text are Fasthosts intellectual property, and that your use of those Links is governed by the terms of this Agreement.
    6. You are responsible for all activity occurring on your user accounts and those of your employees or agents. You shall, and shall ensure that your employees and agents shall maintain the confidentiality of any non-public authentication credentials associated with your use of the Affiliate Program, and shall promptly notify Fasthosts of any known or suspected security incidents or misuse of your accounts or authentication credentials.

  3. Our Responsibilities

    1. Fasthosts or our respective affiliates and Subcontractors (as defined below), in our sole discretion and for our sole account, will be responsible for:
      1. providing all information necessary to allow you to make appropriate Links from Your Site to Our Site;
      2. processing orders for Fasthosts Services placed by a customer following a Link from Your Site;
      3. tracking the number and amount of sales generated by the Link from Your Site;
      4. providing information to you regarding Commission payments;
      5. provision of the Fasthosts’ Services and any related credit card authorisations, payment processing, cancellations, returns, and customer service; and
      6. establishing commission schedules as detailed in clause 5 of this Agreement.
    2. Fasthosts may, in its sole discretion perform, the Fasthost Services and any of the services set forth in Section 3.1 by or through third parties (each, a "Subcontractor") or any other employees, agents, or independent contractors.
    3. You authorise and consent to the disclosure of any information provided by you, including personal information, to Fasthosts or our respective third parties and Subcontractors for the purpose of carrying out our obligations under this Agreement and as otherwise permitted pursuant to Fasthosts’ Privacy Policy.

  4. Your Responsibilities

    1. If you qualify and agree to participate as a Fasthosts Affiliate:
      1. You may display the provided Link prominently throughout Your Site as you see fit and without our prior consent subject to the terms and limitations of this Agreement.
      2. You are not entitled to participate and promote on Your Site any sweepstakes, contests, and special promotions we may offer, and in connection therewith without Fasthosts’ express written consent, and Fasthosts shall have full discretion as to whether we make such contests and promotions available to users of Your Site. If we do decide to allow affiliates to participate, you will be provided with approved licensed ads only for those you are allowed to offer, and you may become entitled to earn referral fees at Fasthosts sole discretion.
      3. You shall not misrepresent Fasthosts or its products or services, or otherwise make any claims, representations, or warranties in connection with Fasthosts (including without limitation representations about the Fasthosts’ Services on Your Site) other than as expressly authorised by Fasthosts, and
      4. You shall have no authority to, and shall not bind Fasthosts to any obligations, except as may be expressly set forth herein to the contrary or as otherwise agreed to and approved in advance in writing by Fasthosts. Nothing in this Agreement nor any conduct of either party shall be deemed to constitute an employment or agency relationship.
    2. You are solely responsible for ensuring that You, the content of Your Site, and any products and services that you offer from Your Site comply with all applicable domestic and foreign, federal, state and local laws, rules, regulations and ordinances (collectively, "Laws") including, without limitation laws pertaining to: consumer protection; marketing and promotion including the CAP Code, whether online, via e-mail or telephone, or otherwise; finance and credit; bribery and corruption; and all applicable privacy laws, including the United Kingdom General Data Protection Regulation (“ UK GDPR” ).
    3. You will comply with the provisions of the Data Processing Agreement attached hereto as Schedule 1.
    4. You will prominently post and make available to end-users, prior to the collection of any personally identifiable information, a privacy policy in compliance with all applicable laws that clearly and thoroughly discloses all information collection, use and sharing practices, including providing for the collection of such personally identifiable information in connection with the Affiliate Program and the provision of such personally identifiable information to Fasthosts and its Subcontractors for use as intended by Fasthosts and its Subcontractors.
    5. E-mail marketing is not permitted under the Affiliate Program except as agreed to by Fasthosts in writing, in its sole discretion.
    6. You are solely responsible for the development, operation and maintenance of Your Site and for all materials that appear on Your Site. Such responsibilities include, but are not limited to, the technical operation of Your Site and all related equipment; the accuracy and propriety of materials posted on Your Site; providing clear and conspicuous notice and obtaining consent prior to the placement of any cookies or software (including but not limited to adware or spyware) onto an individual’s computer; and ensuring that materials posted on Your Site do not violate or infringe upon the rights of any third party and are not libellous or otherwise illegal. We disclaim all liability for all such matters.
    7. You may not:
      1. directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using the Link on Your Site to access Our Site;
      2. read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity;
      3. take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring;
      4. use unsolicited commercial email (UCE), spam, search engine spam, or other illegal or unethical means by which to generate Commissions
      5. use any mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end user customers;
      6. other than providing the Link on Your Site in accordance with this Agreement, post or serve any advertisements or promotional promoting the Fasthosts Services or Our Site or otherwise around or in conjunction with the display of the Fasthosts Site (e.g., through any "framing" technique or technology or intrusive or persistent pop-up or pop-under windows) or on chat rooms or message or bulletin boards;
      7. seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of Fasthosts including, without limitation, “Fasthosts” and the Fasthosts logo) or the trade or service marks or names of Fasthosts competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service; or
      8. seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of Fasthosts or their respective competitors intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service.
    8. If we determine, in our sole discretion, that you have engaged in any of the activities outlined in clause 4.7, we may (without limiting any other rights or remedies available to us) withhold any Commissions otherwise payable to you under this Agreement and/or suspend or terminate this Agreement.
    9. We have the right, but not the obligation, in our sole discretion, to monitor Your Site and your usage of the Link at any time and from time to time to determine if you comply with the terms of this Agreement.
    10. You will be responsible for reporting and paying all charges, fees, levies, imposts, duties, tariffs or other assessments imposed by or payable to any federal, state, local or foreign tax or governmental authority, including without limitation, sales, use, goods, services, value added, transfer, customs, personal property, stamp duty, excise, withholding and other obligations of the same or similar nature (individually and collectively, “Taxes” ) that result from income you may earn through your participation in the Affiliate Program and you agree to fully indemnify, defend, and hold Fasthosts harmless with respect to any damages or liabilities that: (a) result from your failure to provide the requisite tax reporting information or documentation to Fasthosts; (b) your failure to properly report and/or pay your taxes to any taxing authority, or (c) are otherwise in any way connected to your tax reporting and payment obligations.

  5. Commissions and Fee Schedule

    1. You will earn Commissions based on the sale of Fasthosts’ Services according to the current fee schedule for the Affiliate Program as made available to you on the Affiliate Portal from time to time, and this Agreement. You will not receive Commissions for any free add-ons included in Fasthosts Services. This includes but is not limited to, free Fasthosts Services included in packages, free trials and free gifts. We reserve the right to modify the Commission on the Fasthosts Services at any time.
    2. Subject to the current fee schedule, we will authorise payment to you via the Affiliate Portal subject to this Agreement, a single referral fee ("Commission") on sales of Fasthosts’ Services to customers which meet the requirements set forth in this Agreement, as determined by Fasthosts in its sole discretion (“Valid Sales”). Your entitlement to an earned commission will accrue only if the customer:
      1. accesses Our Site through the use of a qualified, correctly structured Link and completes the order for Fasthosts’ Services no later than 30 days after the initial click-through of the Link; provided, however, that the Affiliate Program works on a “last affiliate wins” system, meaning the most recent affiliate who got the click should be credited with the sale;
      2. purchases the Fasthost Services using our online signup process;
      3. remits full payment to us;
      4. remains a customer in good standing with no debt owed to Fasthosts, with a valid payment method attached to the customer account at the time any Commission is authorised by Fasthosts’;
      5. remains an active customer for at least 60 days from the Fasthost service activation date; and
      6. remains an active customer for at least 60 days after any period using Fasthosts’ Services which are not chargeable by Fasthosts.
    3. Valid Sales do not include sales which:
      1. are directly or indirectly made by or on behalf of Affiliate or Affiliate’s employees, representatives, or affiliated companies;
      2. which are obtained through Fraud (as defined in clause 5.6) or misuse of a Link;
      3. are subject to a charge back or which are otherwise refunded or credited back to the customer;
      4. are scheduled to be closed at the time of authorisation by Fasthosts; or
      5. are otherwise deemed by Fasthosts to be in violation of this Agreement or the terms of the Affiliate Program in Fasthosts’ sole discretion.
    4. Fasthosts shall automatically generate a report for Valid Sales and Commissions payable under this Agreement and shall authorise the Commision and remit payment to Tune based upon that report. All tracking of Links and determinations of Commissions shall be made by Fasthosts in its sole discretion. In the event that Affiliate disputes in good faith any portion of an invoice, Affiliate must submit that dispute to Fasthosts in writing and in sufficient detail within thirty (30) days of the date on the invoice. If the Affiliate does not dispute the invoice as set forth herein, then Affiliate agrees that it irrevocably waives any claims or challenges based upon that invoice.
    5. Fasthosts may, at its absolute discretion, withhold or offset payment against previously paid Commissions for any Valid Sale that is later determined to be invalid. Fasthosts is under no obligation whatsoever to authorise the payment for any Commission to any Affiliate who breaches this Agreement and its guidelines, as modified from time to time, or any other agreement with Fasthosts. Fasthosts determination of the Commissions due shall be dispositive.
    6. Fasthosts reserves the right to take legal action against any fraud, or conspiracy to defraud and to recover any Commissions paid to an Affiliate, which were earned as a result of such fraud. “Fraud” includes, but is in no way limited to, using fraudulent credit card or other payment information; using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. Fasthosts shall make all determinations about fraudulent activity in its sole discretion.

  6. Policies and Pricing

    1. Customers who buy Fasthosts’ Services through the Affiliate Program are bound by Fasthosts’ General Terms and Conditions of Service. We may change our services, products, pricing, policies and operating procedures at any time, in our sole discretion. For example, we will determine the prices to be charged for Fasthost Services sold through the Affiliate Program or otherwise in accordance with our own pricing policies.

  7. Publicity

    1. You shall not create, publish, distribute, or permit any written or graphical material that makes reference to Fasthosts other than those mentioned in this Agreement or otherwise provided by Fasthosts, without our prior written consent, in our sole discretion.

  8. Licences and Use of the Fasthosts Logos and Trademarks

    1. We grant you a non-exclusive, non-transferable, revocable right:
      1. to allow access to Our Site from Your Site through the Link solely in accordance with the terms of this agreement; and
      2. solely in connection with the Link, to use our logos, trade names, trademarks and similar identifying material relating to us and which we provide to you (collectively, the "Licensed Materials"), for the sole purpose of establishing a Link to Our Site so users of Your Site can purchase Fasthosts Services.
    2. You may not alter, modify or change the Link or Licensed Materials in any way. You may use only authorised, licensed advertising creatives or ads.
    3. Other than establishing a link from Your Site to Our Site, you shall not make any use of any Licensed Materials without first obtaining our prior written consent. You shall not use the Licensed Materials in any manner that is disparaging or that otherwise portrays us in a negative light. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. You shall not in any way imply that the Link or Licensed Materials are associated with any other company or any third party products or services. We, in our sole discretion, may revoke your licence to use our Link or the Licensed Materials at any time. Affiliate shall comply with all guidelines provided by Fasthosts with respect to the text or graphic reproduction, appearance, and "look and feel" related to the marketing and representation of the Links and Fasthosts.
    4. Any unauthorised use of the Fasthosts’ Links, text, banners or other ads not approved of or provided by Fasthosts may be cause for immediate termination of this Agreement.
    5. Except for the licence granted under this clause 8, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to the Licensed Materials, the Link, link formats, technical specifications, guidelines or graphical artwork referenced above, or with respect to any Fasthosts domain name or web properties. You shall not assert the invalidity, unenforceability, or contest the ownership by Fasthosts of the Licensed Materials, the Fasthosts’ Site, or any related links, artwork, logos or other materials in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice Fasthosts rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
    6. You grant to us a non-exclusive licence to utilise your company name and logo, as the same may be amended from time to time (the "Affiliate Trademarks"), to advertise, market, promote and publicise in any manner your participation in the Affiliate Program or our rights hereunder; provided, however, that we shall not be required to so advertise, market, promote or publicise.

  9. Term of this Agreement and Termination

    1. The term of this Agreement will begin upon our acceptance of your enrolment pursuant to clause 1.1 and will end when terminated by either party. Fasthosts may terminate this Agreement immediately at any time, with or without cause, by disabling the Links or providing you with written notice. You may terminate this Agreement at any time by written notice.
    2. Upon termination of this Agreement:
      1. Fasthosts’ acceptance of referrals obtained through Your Site shall not constitute a continuation or renewal of this Agreement or a waiver of such termination;
      2. you shall be entitled only to those Commissions, if any, earned by you on Valid Sales made on or prior to the date of termination, excluding without limitation amounts due to actual fraud, credit card fraud;
      3. you shall in no event be entitled to Commissions with respect to referrals delivered after the date of termination, irrespective of whether any service or product order, contract, or commitment relating thereto was entered into prior to the date of termination;
      4. upon termination, all of Your rights and licences under this Agreement shall immediately terminate and you shall remove the Link or other Licensed Materials from Your Site; and
      5. you shall return to Fasthosts any Confidential Information, and all copies thereof, in your possession, custody and control.
    3. Upon any termination of this Agreement, you and Fasthosts will be released from all obligations and liabilities to the other occurring or arising after the date of such termination or the transactions contemplated hereby, except with respect to those obligations which by their nature are designed to survive termination as provided herein; provided that no such termination will relieve you from any liability arising from any breach of this Agreement occurring prior to termination.

  10. Changes and updates

    1. We reserve the right to change any of the terms and conditions contained in this Agreement at any time and from time to time, in our sole discretion. Changes may include, but are not limited to, changes in the scope of available referral fees, commission schedules, payment procedures and Affiliate Program rules. IF ANY CHANGE IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT AS PROVIDED IN CLAUSE 9.
    2. Your continued participation in the Affiliate Program following our posting of a change notice or new Agreement on the affiliate portal will constitute binding acceptance of the change.

  11. Relationship of Parties

    1. You and Fasthosts 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.

  12. Representations and Warranties

    1. You hereby represent and warrant to us that you are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant to us the licence to use the Affiliate Trademarks in the manner contemplated herein, and that such grant does not and will not:
      1. breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or
      2. infringe upon any trademark, trade name, service mark, copyright or other proprietary right of any other person or entity.
    2. You further represent that:
      1. you are an adult at least eighteen (18) years of age;
      2. you have all requisite power and authority to enter into this Agreement and to carry out and perform your obligations under the terms of this Agreement;
      3. This Agreement has been duly authorised, executed, and delivered by you and is a valid and binding obligation enforceable in accordance with its terms; and
      4. The execution, delivery, and performance of and compliance with this Agreement does not and will not: (i) conflict with, or constitute a default under any agreement to which you are a party; (ii) result in the creation of, any mortgage, pledge, lien, encumbrance or charge upon any of your properties or assets; (iii) result in any violation of your governing documents; or (iv) violate any order, status, rule or regulation applicable to you.

  13. Confidentiality and Data Protection

    1. Except as otherwise provided in this Agreement or with the written consent of the other party to this Agreement, each of the parties agrees that at all times it will keep confidential, information acquired in consequence of this Agreement, including, without limitation, the terms of this Agreement, business and financial information, Affiliate and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilised, directly or indirectly, by such party for its own business purposes or for any other purpose except for information which they may be entitled or bound to disclose under compulsion of law or where requested by regulatory agencies or to their professional advisers where reasonably necessary for the performance of their professional services and to the extent that any such information is generally known or available to the public or through a source or sources other than the parties to this Agreement or its affiliates.
    2. Notwithstanding the foregoing, each party is hereby authorised to deliver a copy of any such information to its accountants, lawyers or other agents on a confidential basis.
    3. Your obligations hereunder with respect to Confidential Information shall survive the expiration or earlier termination of this Agreement.
    4. Both parties will comply with the provisions of the Data Processing Agreement attached to this Agreement at Schedule 1.

  14. Limitation of Liability

    1. THE FASTHOST SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES AND MATERIALS. WE AND OUR RESPECTIVE AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES AND MATERIALS, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. FOR THE PURPOSES OF THIS CLAUSE 14.1, “SERVICES AND MATERIALS” MEANS THE FASTHOSTS’ SERVICES; THE AFFILIATE PROGRAM, INCLUDING THE LINKS; OUR DOMAIN NAMES, TRADEMARKS AND LOGOS (INCLUDING THE FASTHOSTS MARKS); AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INTELLECTUAL PROPERTY RIGHTS, INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE AFFILIATE PROGRAM (COLLECTIVELY THE "SERVICES AND MATERIALS"),
    2. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER FASTHOSTS’ NOR ITS AFFILIATES OR SUBCONTRACTORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, YOUR CUSTOMERS, FOR INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES, LOST PROFITS, LOST SAVINGS, OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF FASTHOSTS’ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER RESULTING FROM BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
    3. UNDER NO CIRCUMSTANCES SHALL FASTHOSTS OR ITS AFFILIATES OR SUBCONTRACTORS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, CUSTOMERS, FOR ANY LOSS, INJURY, OR DAMAGE, OF WHATEVER KIND OR NATURE, RESULTING FROM OR ARISING OUT OF ANY MISTAKES, ERRORS, OMISSIONS, DELAYS, OR INTERRUPTIONS IN THE RECEIPT, TRANSMISSION, OR STORAGE OF ANY MESSAGES OR INFORMATION ARISING OUT OF OR IN CONNECTION WITH THE AFFILIATE PROGRAM OR FASTHOSTS OR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF FASTHOSTS.
    4. Notwithstanding any other provision of the Agreement, the liability of the parties shall not be limited in any way in respect of the following:
      1. death or personal injury caused by negligence;
      2. fraud or fraudulent misrepresentation;
      3. any other losses which cannot be excluded or limited by applicable law

  15. Indemnification

    1. You shall indemnify, and keep indemnified, Fasthosts from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by Fasthosts as a result of or in connection with any breach by You including but not limited to any of your obligations, warranty, representation or agreement under this Agreement, the unauthorised use of any Fasthosts intellectual property, including but not limited to the Licensed Materials, any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, licence, intellectual property, or other proprietary right of any third party, any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein and any claim related to Your Site not attributable to us.

  16. Notices

    1. Any notices to us in connection with this Agreement shall be deemed received as of the day they are received:
      1. by hand: on receipt of a signature at the time of delivery;
      2. by Recorded Signed For post: at 9.00 am on the second Business Day after posting
      3. by International Tracked & Signed OR International Signed post: at 9.00 am on the fourth Business Day after posting; and
      4. the notice is to be addressed as follows;

        Fasthosts
        154 Southgate Street
        Gloucester
        GL1 2EX
        Attention: Affiliate Program Manager
    2. Any notice under this Agreement shall be given by Fasthosts to you via email at the email address provided by you to Fasthosts at the commencement of this Agreement, or as Fasthosts is subsequently advised in writing. Notice to you at this address is deemed sufficient regardless of your receipt of such email.

  17. Miscellaneous

    1. You may not assign, subcontract or encumber any right or obligation under the Contract, in whole or in part, without Fasthosts prior written consent. Fasthosts may assign the Agreement or any portion hereof/thereof, to: (I) an acquirer of all or substantially all of Fasthosts's equity, business or assets; (ii) a successor in interest whether by merger, reorganisation or otherwise; or any entity controlling or under common control with such party. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
    2. If any provision of the Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Agreement shall not be affected. If any provision of the Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with the minimum such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision.
    3. No delay or failure by Fasthosts in exercising any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right.
    4. You recognise that any breach or threatened breach of the Agreement may cause Fasthosts irreparable harm for which damages may not be an adequate remedy. Accordingly, in addition to any other remedies and damages available to Fasthosts, You acknowledge and agree that Fasthosts is entitled to the remedies of specific performance, injunction and other equitable relief without proof of special damages.
    5. The headings, captions, and other typographical formatting used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.

  18. Governing Law and Dispute Resolution

    1. The Agreement and any dispute or claim arising out of, or in connection with it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with the laws of England and Wales.

  19. Entire Agreement

    1. This Agreement constitutes the entire agreement between the Parties. No prior or contemporaneous written or oral representation of the Affiliate Program form a part of this Agreement, and this Agreement supersedes all prior agreements between the Parties relating to the subject matter of this Agreement.

Schedule 1
Data Processing Agreement (‘’DPA’’)
According to Art. 28 (3) General Data Protection Regulation (GDPR)

This Data Processing Agreement ("DPA") is incorporated by reference into the Fasthosts Affiliate Program Terms and Conditions (“Agreement”), as updated from time to time, by and between you (“Affiliate”), and Fasthosts (“Fasthosts” or “Processor”), (collectively, the "Agreement'').

This DPA is supplemental to the Agreement and sets out the terms that apply when Personal Data, as defined in the Data Protection Laws, is processed by Fasthosts on behalf of the Affiliate under the Agreement.

Capitalised terms used but not defined in this Addendum have the same meanings as set out in the Agreement

THE PARTIES AGREE:

Definitions and interpretation

Data Protection Laws means all Applicable Law relating to the processing, privacy, and/or use of Personal Data, as applicable to either party or the Services, including:
(a) the GDPR;
(b) the Data Protection Act 2018;
(c) any laws which implement any such laws; and
(d) any laws which replace, extend, re-enact, consolidate or amend any of the foregoing (whether or not before or after the Commencement Date);
Data Subject has the meaning given in Data Protection Laws;
Controller has the meaning given in Data Protection Laws;
Affiliate means the applicant desiring to participate in the Fasthosts affiliate program
GDPR means the General Data Protection Regulation, Regulation (EU) 2016/679, as it forms part of domestic law in the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 (including as further amended or modified by the laws of the United Kingdom or of a part of the United Kingdom from time to time);
Services or Service means the Fasthosts service or product as well as any services or products that Fasthosts may introduce from time to time in the future and offer through the Affiliate Program
Personal Data has the meaning given in Data Protection Laws;
Processor has the meaning given in Data Protection Laws;
processing has the meaning given in Data Protection Laws (and related terms such as process and processed have corresponding meanings);
UK means the United Kingdom;

  1. Subject-matter and duration of the processing

    1. The subject matter of this Data Processing Agreement (‘’DPA’’) is the rights and obligations of the parties in the context of the provision of the Services in accordance with the Agreement, insofar as Fasthosts Internet Limited with registered office address Discovery House, 154 Southgate Street, Gloucester, Gloucestershire, GL1 2EX and company number 05763397 (hereinafter referred to as the ‘’Processor’’) processes Personal Data on behalf of the Affiliate as Controller (hereinafter referred to as the ‘’Affiliate’’) according to Art. 28 of the GDPR. This includes all activities that the Processor performs to fulfil the Agreement and that represent a data processing on behalf of the Controller. This also applies if the Agreement does not explicitly refer to this DPA.
    2. The duration of the processing corresponds to the term agreed in the Agreement, except as otherwise required by applicable law.

  2. Nature and purpose of the processing

    1. The nature of the processing includes Fasthosts providing an application and advertising attribution solution and other Services as described in the Agreement, which process Affiliate Personal Data upon the instruction of the Affiliate in accordance with the terms of the Agreement.
    2. Purposes of processing are all purposes required to provide the Services to the Affiliate.

  3. Type of personal data and categories of data subjects

    1. The type of processed data is determined by the Affiliate, the Affiliate may submit Affiliate Personal Data to the Services, the extent of which is determined and controlled by the Affiliate in its sole discretion, and which may include, but is not limited to, the following types of Personal Data: identification and contact data; financial information; and/or certain information about Affiliate’s end users (such as IP address and advertising identifier).
    2. The categories of Data Subjects: Affiliate may submit Affiliate Personal Data to the Services, the extent of which is determined and controlled by the Affiliate in its sole discretion, and which may include, but is not limited to, Personal Data relating to the following categories of data subjects:
      (a) Employees, agents, advisors, representatives, consultants, partners of the Affiliate (who are natural persons); and/or
      (b) Affiliate’s end-users authorised by Affiliate to use the Services.

  4. Responsibility and processing on documented instructions

    1. The Affiliate is solely responsible for complying with the legal requirements of Data Protection Laws, in particular, the legality of the transfer of data to the Processor and the legality of data processing under this DPA. This also applies to the purposes and means of processing set out in this DPA.
    2. The instructions are initially determined by the Agreement and can then be changed by the Affiliate in writing or in an electronic format (text form) by individual instructions (individual instruction). Verbal instructions must be confirmed immediately in writing or in text form. Instructions that are not provided for in the Agreement are treated as an application for a change in performance. In the event of proposed changes, the Processor shall inform the Affiliate of the effects that this will have on the agreed Services, in particular, the possibility of providing services, deadlines, and remuneration. If the implementation of the instruction is not reasonable to the Processor, the Processor is entitled to terminate the processing. Unacceptability exists in particular if the Services are provided in an infrastructure that is used by other customers of the processor (‘’Shared Services’’), and a change in the processing for Affiliates is not possible or is unreasonable.
    3. The contractually agreed data processing takes place as a rule mainly in a Member State of the European Union or in another contracting state of the Agreement via the European Economic Area, unless the transfer of data to third countries becomes necessary in order to provide the Service. In the event that a transfer to a third country takes place, the Processor shall ensure that the requirements pursuant to Art. 44 ff. GDPR are fulfilled.

  5. Rights of the customer, obligations of the processor

    1. The Processor may process data of Data Subjects only within the framework of the order and the documented Instructions of the Affiliate, unless there is an exceptional case within the meaning of Article 28 (3) (a) GDPR (obligation under the law of the European Union or of a Member State). The Processor shall inform the Affiliate without delay if it considers that an instruction violates applicable laws. The Processor may suspend the implementation of the instruction until it has been confirmed or modified by the Affiliate.
    2. In the light of the nature of the processing, the Processor shall, as far as possible, assist the Affiliate with appropriate technical and organisational measures in order to fulfil the rights of the data subjects laid down in Chapter III of the GDPR. The Processor is entitled to demand appropriate compensation from the Affiliate for these services. The Processor shall provide the client with cost information in advance.
    3. The Processor shall assist the Affiliate in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR taking into account the nature of processing and the information available to the Processor. The Processor is entitled to demand appropriate compensation from the Affiliate for these services.
    4. The Processor ensures that its employees involved in the processing of the data of the Affiliate and other persons acting on behalf of the Processor are prohibited from processing the data outside the instruction issued. Furthermore, the Processor ensures that persons authorised to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. The obligation of confidentiality/secrecy persists even after the order has been completed.
    5. The Processor shall inform the Affiliate immediately if it becomes aware of violations of the protection of Personal Data of the Affiliate. The Processor shall take the necessary measures to safeguard the data and to mitigate possible adverse consequences for the Data Subjects.
    6. The Processor guarantees the written appointment of a Data Protection Officer, who shall carry out his/her activity in accordance with Art. 38 and 39 GDPR. A contact option will be published on the website of the Processor.
    7. At the end of the provision of the processing services, the Processor will, at the choice of the Affiliate, either delete or return the Personal Data, unless there is an obligation under national law to retain the Personal Data, or something else results under any other contractual arrangements. If the Affiliate does not exercise this option, deletion is deemed agreed. If the Affiliate chooses to have the Personal Data returned, the Processor can demand a reasonable compensation. The Processor shall provide the Affiliate with cost information in advance.
    8. If a Data Subject asserts claims for compensation according to Art. 82 GDPR, the Processor shall support the Affiliate in defending the claims within the scope of its possibilities. The Processor may require an appropriate remuneration for this.

  6. Obligations of the customer

    1. The Affiliate must immediately and completely inform the Processor if it identifies errors or irregularities with regard to Data Protection Laws when using the Services.
    2. In the event of termination, the Affiliate undertakes to delete Personal Data, which it has stored during its Service, before the termination of the Agreement.
    3. At the request of the Processor, the Affiliate will appoint a contact person for data protection matters.

  7. Requests from the data subjects

    1. If the Data Subject approaches the Processor with requests for correction, deletion or information, the Processor shall refer the Data Subject to the Affiliate, provided that an assignment to the Affiliate is possible according to the information of the Data Subject. The Processor shall immediately forward the request of the Data Subject to the Affiliate. The Processor shall support the Affiliate within the scope of its possibilities. The Processor shall not be liable if the request of the Data Subject is not answered, not answered correctly or not answered in due time by the Affiliate.

  8. Measures for the security of processing according to Art. 32 GDPR

    1. The Processor will take appropriate technical and organisational measures in its area of responsibility to ensure that the processing is carried out in accordance with the requirements of the GDPR and ensure the protection of the rights and freedoms of the Data Subjects. In accordance with Art. 32 GDPR, the Processor shall take appropriate technical and organisational measures to ensure the confidentiality, integrity, availability and resilience of the processing systems and services in the long term.
    2. The Processor will operate a procedure for the regular review of the effectiveness of the technical and organisational measures to ensure the security of processing in accordance with Art. 32 (1) lit. d) GDPR.
    3. Over time, the Processor will adapt the measures taken in line with developments and the risk situation. A change in the technical and organisational measures taken is reserved to the Processor, provided that the level of protection under Art. 32 GDPR is not fallen short of.

  9. Proof and verification

    1. As evidence of compliance with the obligations set out in Art. 28 GDPR, the Affiliate is satisfiedwith the provided ISO 27001 certification. The current certificate is available upon request.
    2. Proof of compliance with these obligations is provided by the certification referred to in the preceding paragraph. Insofar as the Affiliate asserts legitimate doubts on the basis of factual indications that these certifications are sufficient or appropriate, or if special incidents within the meaning of Art. 33 (1) GDPR in connection with the execution of the data processing on behalf of the Affiliate justify this for the Affiliate, it may perform inspections. These can be carried out during normal business hours without disruption to the operation after registration, taking into account a reasonable lead time. The Affiliate’s inspection right has the objective of verifying compliance with the obligations incumbent on a Processor in accordance with the GDPR and this DPA.
    3. The Processor shall provide the Affiliate with all the information necessary to prove compliance with the obligations laid down in Art.28 GDPR and shall allow and contribute to audits, including inspections, carried out by the Affiliate or another inspector appointed by the Affiliate. The Processor is entitled to demand a declaration of confidentiality from the Affiliate and its appointed auditor. The processor agrees to the designation of an independent external auditor by the Affiliate, if the Affiliate provides the Processor with a copy of the audit report.
    4. The Processor may require reasonable compensation for information and assistance. The Processor shall provide the Affiliate with cost information in advance. The cost for the Processor through an inspection is always limited to one day per calendar year.

  10. Sub processors (other processors)

    1. The Affiliate grants the Processor the general permission to use other processors within the meaning of Art. 28 GDPR for the fulfilment of the Agreement.
    2. The Processors currently used can be accessed via the following link https://www.fasthosts.co.uk/terms/policies/privacy-notice. The Affiliate shall regularly inform itself about changes via the link. The Affiliate agrees to their use.
    3. The Processor shall inform the Affiliate via the link in 10.2 if it intends to withdraw or replace other processors. The Affiliate may object to such changes.
    4. The objection to the proposed change can only be raised against the Processor for a reason related to a material data protection right within a reasonable time after receipt of the information about the change. In the event of an objection, the Processor may choose to provide the service without the intended change or, if the performance of the Service without the intended change is not reasonable to the Processor, stop providing the Service affected by the change to the Affiliate within a reasonable time after receipt of the objection.
    5. If the Processor places orders with other processors, it is the Processor's responsibility to impose its data protection obligations under this DPA to the other processor.
    6. Additional processors within the meaning of this regulation are only those other processors who provide services directly related to the provision of the Agreement. It does not cover ancillary services related to telecommunications, printing/postal/transport services, maintenance and service, user services or the disposal of data media and other measures to ensure the confidentiality, availability, integrity and resilience of personal data, networks, services, data processing systems and other IT systems. However, in order to ensure data protection and data security with respect to the data of the Affiliate, the Processor is obliged to take appropriate and legally compliant contractual agreements as well as control measures for such ancillary services.

  11. Liability and compensation

    1. In the case of assertion of a claim for compensation by a Data Subject person pursuant to Art. 82 GDPR, the parties undertake to support each other and to contribute to the clarification of the underlying facts.
    2. The liability regulation agreed between the parties in the Agreement for the provision of Services shall also apply to claims arising from this Data Processing Agreement and in the internal relationship between the parties for claims of third parties under Art. 82 GDPR, unless expressly agreed otherwise.

  12. Contract period, miscellaneous

    1. The DPA begins when the Processor begins to supply the Services to the Affiliate. It ends with the end of the last Agreement under the respective Affiliate ID. If any data processing on behalf of the Affiliate still takes place after termination of this DPA, the regulations of this DPA are valid until the actual end of the processing.
    2. The Processor may amend the DPA at its reasonable discretion with reasonable notice. In particular, the Processor expressly reserves the right to unilaterally amend this DPA if major legal changes in relation to this DPA occur. The Processor shall separately inform the Affiliate of the significance of the planned amendment and shall furthermore grant the Affiliate a reasonable period of time to declare an objection. The Processor shall inform the Affiliate in the notice of amendment that the amendment will become effective if the Affiliate does not object within the set period. In the event of an objection by the Affiliate, the Processor shall have an extraordinary right of termination.
    3. In the event of any contradictions, the provisions of this DPA for data processing shall prevail to the provisions of the Agreement. Should individual clauses of this DPA be ineffective, this does not affect the validity of the remaining clauses.
    4. This DPA and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England.
    5. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this DPA, its subject matter or formation (including non-contractual disputes or claims).
    6. No one other than a party to this DPA, their successors and permitted assignees shall have any right to enforce any of its provisions
    7. If the data of the Affiliate is endangered by seizure or confiscation, by a bankruptcy or settlement procedure, or by other events or measures of third parties, the Processor shall inform the Affiliate immediately insofar as it can by law. The Processor will inform all persons responsible in this connection without delay that the sovereignty and the ownership of the data lie exclusively with the Affiliate as the "Controller".
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