Affiliates Terms Of Service
The following document outlines the terms by which The Order Guys Affiliate Program shall operate. The Order Guys Affiliate Program may be referred to as “The Program,” “The Affiliates Program,” or similar.
I. Parties to this Agreement
This agreement is entered into by The Order Guys and each of its Affiliate(s). “You”, “Your” refers to each and every affiliate or sub-affiliate of The Order Guys affiliate program. Participation in the program constitutes full and complete acceptance of the TOS set forth herein.
II. The Order Guys Responsibilities
- Affiliate Account
Upon joining the program, The Order Guys will create an affiliate account which affiliates may access at this link. The account exists to allow The Order Guys’s affiliates means to manage their work as our affiliate.
- Affiliate ID & General Affiliate Link
Upon creation of your affiliate account, The Order Guys will provide a unique Affiliate ID. The Affiliate ID sets you apart from other affiliates and is used in the generation of your General Affiliate Link. An affiliate link is a URL used in marketing that allows for clicks on it to be tracked by The Order Guys and its Affiliates. The Order Guys provides a General Affiliate Link by default which allows you to share it straight away, and, affiliates are free to create custom affiliate links within their affiliate account.
Rules for acceptable usage of your affiliate link and/or general affiliate link appear later in this document.
The Order Guys agrees to track the customers referred to The Order Guys via the link provided to you for that purpose. The Order Guys utilizes cookies to maintain tracking information for up to 90 days. The Order Guys will pay you a commission for each such referral made in compliance with this agreement pursuant to the commission schedule and the terms set forth in this affiliate agreement.
III. Affiliate Responsibilities
- Minimum Age
You agree that you are 18 years of age or older on the date that you first approve the terms hereof. You agree that you are in a jurisdiction where participation in The Order Guys affiliate program does not violate any law, ordinance, regulation or standard.
- Operation of Affiliate Link
You agree to take full responsibility for ensuring the proper and continuing operation of your affiliate URL. You agree that you will notify The Order Guys if your affiliate URL ceases to function or ceases to function properly.
You agree that you will not make any representations, promises, warranties or other statements about The Order Guys or The Order Guys web site, products or policies other than as may be expressly approved in writing by The Order Guys or as otherwise provided to you by The Order Guys for that purpose.
- Affiliate Code of Conduct
As a participant in The Order Guys Affiliate Program, you are prohibited from participating in any scheme or strategy that artificially inflates your earnings or bonuses. This includes, but is not limited to, referring or promoting the cheapest services solely for the purpose of increasing the number of orders. CCHosting, Inc, the owner of the affiliate program, reserves the right to decline any commission earned through such fraudulent activity. As a The Order Guys affiliate, it is your responsibility to refer services in a natural and authentic manner.
Affiliate shall abide by the highest standards of ethics and professionalism. Without limiting the generality of the foregoing, Affiliate and/or your Promotional Content shall not, in connection with the Affiliate Program:
- Misrepresent the Services in any way, including its prices, plans, discounts, or functionality;
- Offer or provide any warranties, guarantees, incentives, rewards, or indemnities, except as set forth in The Order Guys – Terms of Service or approved in writing by The Order Guys team;
- Disparage The Order Guys and its representatives, the Services, or the Program;
- Use any illegal or spam method of advertising;
- Compete or interfere with The Order Guys’s direct advertising efforts. From time to time, The Order Guys may opt to engage in direct online advertising. The Affiliate shall not place advertisements targeting The Order Guys’s trademarks and service marks or place advertisements that in any way advertise or display The Order Guys’s trademarks or service marks. This means, among other things, that the Affiliate shall not bid (in regards to online advertising, including but not limited to Pay per Click or Pay per Impression campaigns) on any keywords or phrases containing The Order Guys trademarks, service marks, registered trademarks, or registered URLs, or on any variations, abbreviations, or misspellings of the same.
- Refer traffic to The Order Guys through any pay-to-read, pay to click, banner exchanges, click exchanges, PPC advertising, pop-up/under, press releases, or similar methods. Referrals must be made from original content hosted at the Affiliate Websites, from original video content hosted at third-party video hosting platforms, or from direct professional referrals made by the Affiliate to their professional network;
- Using iframes or any other techniques or technology to add the Affiliates tracking cookie to a referral by any means other than an actual click-through;
- Using link cloaking, or masking techniques or technology, with the goal of promoting The Order Guys on websites and/or networks not explicitly mentioned in your Account;
- Display The Order Guys.com, “The Order Guys”, The Order Guys’s logos or trade names, or any variation, abbreviation, or misspelling thereof in any URL, domain name, social media profile, or any other online or offline presence.
- Engage in incentivized programs or business-opportunity sites;
- Self-refer or refer yourself in any fashion. This includes referral of any operation or website in which the Affiliate has a controlling, proprietary, or equitable interest. Any referral where payment is made utilizing a form of payment controlled by or belonging to the Affiliate shall be considered a violation of these Terms.
Violations may result in the invalidation of referral commissions and/or immediate termination of the affiliate account. The Order Guys will be the sole arbitrator as to what constitutes a violation.
You may use the affiliate URL provided by The Order Guys via Your Affiliate Account, or in any other form you wish, provided that your use of the URL is not in any way disparaging of The Order Guys or otherwise not appropriate or acceptable in The Order Guys’s sole opinion and judgment. You may not violate any copyright, trademark, or other intellectual property rights of The Order Guys or any other party. You may not violate The Order Guys Master Service Agreement.
You agree that The Order Guys may amend this agreement at any time without notice to you. You agree to keep advised of any changes to this agreement by checking The Order Guys web site on a periodic basis. All changes, amendments, and modifications of the TOS shall be effective as of the date posted on The Order Guys website and You agree that You shall be bound by all such changes, amendments and modifications of the TOS effective upon posting.
- Customers of The Order Guys
The Order Guys will have the sole right and responsibility to service all customers secured through your affiliate URL. All dealings with customers for web hosting and related services shall be directly and solely between customer and The Order Guys shall have the right and obligation to determine all pricing and product offerings and shall have the right to make any changes thereto without notice to affiliate. All customers of The Order Guys, regardless of origin or referral, are the sole property and responsibility of The Order Guys.
- Federal Trade Commission Regulations
In addition to the rules set forth in this agreement, Affiliates agree to adhere to rules set forth by the US Federal Trade Commission(known as the FTC), specifically rules that apply to affiliate marketing.
These rules ultimately boil down to being honest in your marketing while also disclosing that You may collect affiliate payment for purchases made as a result of links on your website. The specific language for these rules follows:
The Federal Trade Commission (FTC) requires that connections between advertisers and endorsers be conspicuously disclosed. Blogs, websites, ratings and review sites, and similar must declare the compensation arrangement with the advertiser. As such, you must declare the financial relationship between you and The Order Guys in a prominent location on your websites in order to be in compliance with the FTC. The Order Guys retains the right to withhold payout amounts of money and/or cancel your affiliate account should it be determined that you are not in compliance with applicable FTC regulations. The Order Guys will be the sole arbitrator as to what constitutes non-compliance.
- Affiliate Starter Pack
Affiliates who participate in our Affiliate Program may be eligible for a service renewal promotion called the Affiliate Starter Pack. Under this promotion, each affiliate who purchases any of The Order Guy’s services will be eligible for a $75 to $125 credit or payout via e-transfer.
To qualify, participating affiliates must refer a valid local business within Canada or the USA, and the referral customer must have premium or standard active service for three full months before a payout on any subscription-based service we offer.
Premium subscription services priced at $79/month or more will be subject to a $125 cash payout. Standard subscription services priced at under $79/month will be subject to a payout of $75.
Affiliate referral must purchase a one-time service, i.e. website build and design, consulting, website fix with a project budget of at least $500 to qualify. Any project between $500 to $999 will be subject to a one-time credit or cash payout of $75. Projects over $1000 will qualify for a one-time credit or cash payout of $125.
The Affiliate Starter Pack is subject to the following conditions:
- This offer is only open to current customers of The Order Guys who have received a link/email invitation.
- affiliates must have a written article about The Order Guys or know the business directly in some capacity, ie by proximity, friend/family, or business partner.
- Signups to get the referral must be made using the unique referral URL provided. This ensures that the business is referred to by you and you alone and prevents multiple people from referring the same client. The referral award will go to the affiliate whose referral signed up first.
- The Order Guys reserves the right to modify or discontinue this promotion at any time.
- Commission Rate
Commissions are paid on a one-time basis for each new customer that signed up via your affiliate URL subject to the terms and conditions set forth herein. There will be no obligation to pay any other commission. Commissions vary in amount. Exact commission rates based on the number of referrals within a given calendar month and order maturation are available within your affiliate account. All monetary credits and payouts are in Canadian Dollars (CAD).
NO COMMISSIONS WILL BE CREDITED FOR THE FOLLOWING ADDITIONAL SERVICES:
- Website Hosting
- Website Maintenance
- TV menu / Digital Menu Board Design
- Domain Name Purchases
Commissions are paid on new accounts only (current or previous customers of the company are not eligible) and not on any subsequent renewal or subsequent signups of a referred customer. You will not receive any commission for referring yourself to The Order Guys. A commission is not finalized until it becomes a Qualified Commission, even after the payment of a commission has been made.
- Qualified Commission
A “qualified commission” is one for which the new account, which is the subject of the commission, has remained in good standing continuously for at least 90 days from its inception. The Order Guys shall make all decisions as to whether any commission is a “qualified commission.” If at any time after a commission has been awarded and/or paid and the related customer’s account is terminated or cancelled for any reason, this commission will be revoked and subtracted from any standing or future commissions account balance you may have.
- Payment Date
Payments will only be paid once your commission’s account balance reaches the minimum payment threshold ( $75 CAD ). The Order Guys shall make no payment to you until this minimum balance is achieved. Commissions are not paid until a payout request is submitted by you via The Order Guy’s affiliate control panel. If You fail to properly submit a payout request within one (1) year of the date upon which your Qualified Commission accrued and became payable, You will forfeit such Qualified Commission and You hereby agree to release The Order Guys from all liability for payment of any such forfeited commissions.
*See section D. Payment(below) for exceptions to the minimum payment threshold.
Payment is issued on-request. Requests for payment of commissions can be made only through the “Payouts to Me” section of Your affiliate portal, at this URL – https://affiliates.The Order Guys.com/affiliates/panel.php.
Payments are issued using one of these payment methods:
Stripe- this requires that the Affiliate/Referal have an existing Stripe account and be currently billed using Stripe. A credit will be applied on their account.
E-transfer to the provided email. The affiliate is responsible for providing and/or confirming the correct email for e-transfer on the account.
V. Ownership and Licenses
- Property Ownership
Each party to this agreement shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
The Order Guys grant you as an affiliate a revocable, non-exclusive, worldwide License to use, reproduce and transmit The Order Guys logos, trademarks and service marks on your site and only your site for the sole purpose of facilitating a link between your site and The Order Guys to accomplish the purpose and intent of this affiliate agreement. You may also use the links and images located in the link library prepared specifically for that purpose subject to the same terms and conditions. You may not otherwise use, copy, distribute, change, modify, or otherwise, alter any such property. This License is neither assignable nor transferable.
- Cease use upon Demand
You agree to immediately cease the use of any mark upon request made by The Order Guys to the email address provided by you and maintained on file for you by The Order Guys. You agree to immediately cease the use of any link created by you to The Order Guys upon request by The Order Guys to the email address provided by you and maintained on file for you by The Order Guys.
- 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.B. 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 the notice of termination, shall not thereafter become a qualified commission.
- 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 The Order Guys termination of this agreement in its entirety.
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 The Order Guys will become a termination under 6.B. as of the date of the initial suspension.
Upon termination of this agreement all rights and licenses granted by this agreement are immediately revoked. Sections VII shall survive such termination and remain in full force and effect.
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 person assenting to the terms of this agreement has the full binding authority of the entity purportedly bound.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and The Order Guys 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.
- Violation of Law
You vow to uphold the laws of your respective jurisdiction and that you will not violate any applicable law, ordinance, regulation or standard. You understand and accept responsibility to file any necessary paperwork or tax forms with the appropriate parties for any and all payments made as a result of this service and the terms and conditions set forth herein.
- 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 The Order Guys that you agree to be bound by all terms and conditions of this document and any applicable terms and conditions set forth in The Order Guys Terms of Service which are incorporated herein as though set forth at length herein.
- Unsolicited Email
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and The Order Guys that you will not use or otherwise permit the use of unsolicited commercial email (aka SPAM/UBE/UCE) in relation to The Order Guys Affiliate Program.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and The Order Guys that you will not transmit any information which is or might be considered to be defamatory or libelous.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and The Order Guys that you will not transmit any information which is or might be considered to be lewd, pornographic or obscene.
- Unfair Competition
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and The Order Guys that you will not violate any laws regarding unfair competition, anti-discrimination or false advertising or The Order Guys Terms of Service.
- Damage to The Order Guys
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and The Order Guys that you will not take any action that would in any way damage The Order Guys or otherwise compromise its servers or equipment including utilizing or otherwise transmit at any time contain viruses, Trojan horses, worms, time bombs or other similar harmful or deleterious programming routines.
- No Automatic Links
You agree not to utilize any link that is or can be initiated automatically without the user clicking on the link.
- Coupon and Reviews Websites
The Order Guys must approve all coupon or reviews websites prior to any The Order Guys affiliate information being advertised.
- Warranty Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY The Order Guys PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT The Order Guys 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, The Order Guys DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL The Order Guys BE LIABLE TO YOU FOR ANY SERVICE FAILURE, DISRUPTION, DOWNTIME OR INCORRECT LINKAGE UNDER THIS AGREEMENT.
- Limitation of Liability
IN NO INSTANCE SHALL The Order Guys BE LIABLE TO YOU FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT The Order Guys HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT COMMISSIONS AGREED UPON IN THIS AFFILIATE AGREEMENT ARE BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Notwithstanding the foregoing, this section shall not limit either party liability to the other for (i) willful or malicious misconduct; (ii) gross negligence; (iii) indemnification under Section 7.M. or (iv) either party’s liability for death or personal injury or their own acts of fraud.
You agree to indemnify, defend and hold harmless The Order Guys and its affiliates, directors, officers, employees and agents, harmless of and from any and all liability, losses, damages, injuries or expenses (including attorney.s fees and expert witness charges) arising out of any claimed or alleged action or inaction toward any third party whether such claimed or alleged action or inaction arises out of a claim of misuse of copywritten materials, License violation, domain misuse, trademark misuse or any active or passive negligence.
- Independent Contractors
Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.
- Choice of Venue
The internal laws of the State of Delaware (irrespective of its choice of law principles) will govern the validity of this agreement, the construction of its terms, and the interpretation of the rights and duties of the participating parties, provided that the internal laws of the State of Delaware shall govern the validity of this agreement with respect to the Delaware Regulations. Any party may seek to enforce its rights under this agreement in any court of competent jurisdiction located within the judicial district, Middletown, Delaware in which the company has its principal place of business.
The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
This agreement constitutes the entire understanding between the parties and revokes and super cedes any and all prior agreements and is intended to be a full and complete expression of the agreement between the parties. This agreement shall not be modified except in writing by the posting of a new agreement by The Order Guys on The Order Guys website.
- Use Constitutes Full Acceptance and Signature
Your agreement to the terms set forth herein is manifested by any participation in The Order Guys affiliate program including the submission of the affiliate application form and the collection of any commission under this agreement. This agreement may be modified, amended, altered or otherwise changed by The Order Guys without notice to any other party other than changing the agreement itself made available by The Order Guys to the affiliates on The Order Guys website.
Questions regarding this document should be presented to The Order Guys at email@example.com