21st-Thailand.com in this Affiliate Program Agreement includes the 21st-thailand.com domain owner, managing company or persons maintaining/running the website, third party service providers who provide their services on behalf of 21st-thailand.com, and other individuals who contribute to or are connected in any way with the running of 21st-Thailand.com.
The users of the Site and Services (hereafter also referred as client[s], customer[s], subscriber[s], affiliate, you, your, he or she), or any agent, employee, servant or person authorized to act on Your behalf, shall consent to these terms and conditions for using any feature or services being offered or made available by 21st Thailand. If you do not want to give your consent, you may NOT use our Website and Services.
As these terms are in English, if your English is not of a level where you fully understand this document, you should translate this entire page and get legal advice.
Affiliate Program:
New Affiliate Members must email support for approval after activating the account. They must first be a customer for 12 months or more (unless authorized by admin – a note will be added to the account of approved affiliates).
Affiliate responsibilities:
1) Affiliate websites; ensuring that the websites abide by the local laws of both the Kingdom of Thailand and the affiliate’s area of citizenship/residency.
2) Affiliates may in no way pretend to be 21st Thailand or Web success Co., ltd. and may not use any of the logos/graphics/branding of either, except for the provided banner adverts in the affiliate area.
3) The correct use of and maintenance of all Trackable Hyperlinks
4) Sole responsibility for reporting affiliate incomes to tax authorities and sole liability for any taxes due to be paid on the earned incomes. We will not pay tax on behalf of affiliates.
5) Must comply with all applicable regulations and laws with respect to affiliate activities.
6) Must provide a valid tax number and ID if requested.
Affiliate Payment
Payouts are after 90 days from the date of cleared and notified payment of the referred client. With bank transfers, this may create a delay if the referred client does not notify us of the payment of funds into our account.
Affiliate payout payments are via credit added to the client account, PayPal, or Bank Transfer to a bank account in Thailand only. For bank transfer, we will require full name, company name (if applicable), tax ID, bank account, and branch code.
Commission is payable only on sales that generate profit. Hence, should we receive no revenue on any Transactions, no commissions for those transactions are payable. This also applies to cases when a client requests a refund, commits fraud, or reverses charges (the owed amount will be removed from the affiliate if the paid funds are removed within 90 days).
Fraud may result in affiliate account termination and no payout.
We reserve the right to refuse or delay payouts in situations where it is deemed necessary.
Affiliates shall not at any time during this agreement, or for a period of five years after terminating this agreement, discuss or otherwise disclose to any person confidential information regarding our business, affairs, customers, clients or suppliers.
INDEMNITY
Affiliates shall indemnify 21st Thailand against all liabilities, expenses, costs, damages and losses (including but not limited to any direct or indirect losses, penalties and legal costs, loss of profit, loss of reputation (calculated on a full indemnity basis) and any other professional costs or expenses) suffered or incurred by 21st-thailand.com and/or Web Success Co., Ltd. arising from or in connection with the Affiliate’s website, or marketing materials, or approach to the promotion of our products/services online.
Liability
21st Thailand shall not be liable for (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent), any loss or cancellation of profits, loss of business, depletion of goodwill or any similar losses or loss. 21st-Thailand shall also not be liable for any corruption of data or information, equipment failures (including website or servers), pure economic losses, or any indirect or consequential losses, damages, or expenses arising during or after this agreement.
21st Thailand’s and Web Success Co.Ltd’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the amount paid under this agreement by 21st thailand to the Affiliate during the 6 months preceding the date on which the claim arose.
Commissions
Commissions are earned from selling our main shared hosting products and services only (including configurable options). Commission is not earned on:
• Domain names
• Product Addons
• VPS Orders (Virtual Private Servers)
• Dedicated Server Orders
• Upgrade Orders (however any recurring commissions will increase with the new renewal price)
• Manually created invoices
Termination of Affiliate Agreement
This agreement shall commence on the date that the affiliate signs up in the client area and is approved by admin, and shall continue thereafter until terminated by either party.
21st Thailand may terminate this Agreement at any time. This is likely to happen if we discontinue or the affiliate marketing program or if the affiliate is felt to be breaching the terms and at the discretion of 21st Thailand staff (where there is a valid argument for termination). In most cases, 21st Thailand will endeavor to provide Affiliates with as much notice as possible, but any such termination will be without liability to Affiliate.
Once terminated, all licenses and benefits provided to the affiliate are revoked, including any right to the Affiliate for use of branding or trademarks of 21st Thailand, use of any equipment or provided assets (such as affiliate links), accrued rights of the affiliate as at termination.
GOVERNING LAW
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the law of the Kingdom of Thailand.
