Affiliate Program Agreement

  1. Overview

    The Affiliate Program Service Agreement is entered into by and between 10 Dollar Domain Names Inc. and you, the Affiliate, and is made effective as of the date of electronic acceptance/activation.  This Agreement sets forth the terms and conditions of your use of the Affiliate Program. This Agreement must be accepted in addition to the Terms and Conditions of use set forth by 10Dollar.ca . This program is designed to allow HTML linking between your web site and 10Dollar.ca ’s website. Please note that throughout this document, “we,” “us,” and “our” refer to 10Dollar.ca , and “you,” “your,” and “yours” refer to the Affiliate.

  2. Relationship

    The relationships of the parties to this Agreement shall be solely that of independent contractors, and nothing contained in this Agreement shall be construed otherwise. The Affiliate agrees not to:

    (a) mislead others regarding the relationship between 10Dollar.ca and the Affiliate, promote or present yourself as 10Dollar.ca , or mislead customers into believing that you are 10Dollar.ca or an affiliated business;

    (b) use the Affiliate link within sites or emails that contain or promote any of these types of content: libellous, defamatory, obscene, abusive, violent, hate-oriented, related to cracking, hacking or warez, discriminatory on the basis of race, sex, religion, nationality, sexual orientation, or age, or offers any illegal good or service, or links to a web site(s) that does so;

    (c) engage in spamming, indiscriminate advertising or unsolicited commercial e-mail or otherwise failing to comply with the CAN-SPAM Act of 2003 (Public Law 108-187) or other applicable laws regulating commercial e-mail;

    (d) violate any applicable privacy laws;

    (e) and/or engage in any illegal activity of any type, including, but not limited to, violation of standing copyright, trademark, or intellectual property laws.

  3. Program Description

    1. General Program Details.

      There is no cost or fee either upfront or at any other time to participate in the Affiliate Program. The Affiliate is given a unique Affiliate ID, for which the Affiliate is solely responsible to promote via banners linked to the 10Dollar.ca site or by providing the Affiliate ID in other mediums, thereby driving traffic to the 10Dollar.ca website. The Affiliate will receive 10% of the total purchase excluding tax or discounts, rounded up or down depending on the total, in the form of points. Each point is currently valued equal to $1.00 CAD.

    2. Qualified Orders.

      In order to qualify, the purchaser must be a new customer and must make purchases within 7 days of signing up. If the user returns to the site to make a purchase by using another Affiliate’s link or Affiliate ID, the new link or ID will supersede the original Affiliate ID. Only orders with a valid Affiliate ID will qualify.
      Qualifying orders include the registration or transfer of a domain to 10Dollar.ca , and hosting package orders.
      No points will be earned on renewals or on orders from existing customers, including the Affiliate.

    3. Refunds and Cancellations.

      Points are not awarded on orders that are refunded or cancelled, such as hosting plans cancelled during the 30-day trial period. Duplicate entries and other clear transaction errors are also ineligible for points. These will be debited from your points account.

    4. Points Management.

      Points accumulate from the time of qualified purchase, but are held for 60 days to allow for appropriate and applicable refunds or cancellations to be processed. After 60 days, points are considered “available” and may be redeemed for the applicable rewards. Points remain “available” unless redeemed, and will expire 2 years after they are earned.
      Points are calculated and reported monthly. Your most recent report will remain available in your Affiliate Account.

    5. Redemption of points.

      Accumulated available points can be used to purchase any service provided by 10Dollar.ca , including domain registration, renewal or transfer, and hosting packages. Once 50 available points have accumulated, the Affiliate may apply their points towards a gift certificate from one of the major online retailers.

    6. Points Expiration.

      7. Redemption of the accumulated points must be completed within 1 year of appearing on the account normally 14 months after earning the points otherwise they will expire and will have no redemption value

  4. Collection and Use of Transaction Data.

    10Dollar.ca by necessity collects the contact data of clients in order to properly register domains and to conform to the appropriate Registry Agreements. This information will not be shared with Affiliates, nor with any other third party except as outlined in our established Privacy Policy. Affiliate points reports will contain anonymous data only. Please refer to our Privacy Policy for further details.

  5. Promotion Methodology

    1. Affiliate Promotion.  

      Affiliates may promote their Affiliate ID by placing authorized banner links on appropriate websites as outlined in Section 2, in emails that do not qualify as spam as also outlined in Section 2, newsletters, and by word of mouth.

    2. Prohibited Promotion.

      Affiliates may not use the 10Dollar.ca brand in any advertising. The banner should simply be displayed without headlines or embellishment. You may not use keywords relating to the 10Dollar.ca brand in Meta tags or PPC (Pay-Per-Click) advertising.
      Affiliates may not offer any incentives for clicking the Affiliate link in order to gain additional points. Affiliates may not enter those visitors into contests, offer discounts or free products or services, or any other incentive for clicking on the banner or link, or for entering the Affiliate ID on orders.
      Affiliates are not authorized to engage in sending spam emails promoting an Affiliate link.
      10Dollar.ca reserves the right to deny any application or revoke points earned as a result of fraud or non compliance with the rules. 10Dollar.ca also reserve the right to deny referring sites that we feel are inappropriate, including those that host sexually explicit material, promote violence and/or discrimination, illegal activities, or falls under any of the categories outlined in Section 2.

  6. Modification

    10Dollar.ca reserves the right to modify the terms and conditions of this Agreement at our discretion. In the event that this Agreement is modified in any way, you will be notified by email regarding the exact nature of the change and how it will affect you as the Affiliate. Modifications may include, but are not limited to, changes to the Program Description, changes in the nature of the relationship between 10Dollar.ca and the Affiliate, and/or changes to the payment procedures.

    If any of modification of this Agreement is unacceptable to you, your only recourse is to terminate this Agreement. Continued use of the 10Dollar.ca Affiliate Program following acknowledgement of any change or the posting of a new Agreement on our site will indicate approval of the changes.

  7. Agreement Termination

    1. Termination for Cause.

      Either party may terminate this Agreement if the other party breaches this Agreement and fails to cure such breach within 30 days of receipt of written notice from the non-breaching party of the existence and nature of the breach. Notwithstanding the preceding, 10Dollar.ca may terminate this Agreement immediately upon notice should the Affiliate engage in illegal activity of any type, especially as laid out in Section 2 or Section 5.2.

      Notwithstanding the foregoing, 10Dollar.ca may immediately deactivate the Affiliate account without notice if a breach of Section 2. If this Agreement is terminated for the Affiliate’s breach, the Affiliate shall not be eligible to enter into a new Affiliate service agreement, and any attempt to do so shall be null and void.

    2. Effect of Termination.

      Upon termination of this Agreement, any license or sublicense granted to the Affiliate under this Agreement will terminate. 10Dollar.ca requires that all Links to 10Dollar.ca be immediately removed, and that such links and Affiliate ID cease to be distributed by the former Affiliate. 10Dollar.ca may revoke all accumulated points, which cannot thereafter be redeemed.

  8. Grant of Licenses

    1. Rights Granted

      10Dollar.ca grants the Affiliate a non-exclusive, non-transferable, revocable right to provide access to our website through HTML links solely in accordance with the terms of this Agreement. We also grant rights with identical stipulations to use our logos, trade names, trademarks and similar identifying materials (collectively “Licensed Materials”) that we provide or otherwise authorize for such purposes. The Affiliate is only entitled to use the Licensed materials insofar as they are a member in good standing of 10Dollar.ca ’s Affiliate Program. Furthermore, the Affiliate must ensure that all uses of the Licensed Materials will be on behalf of 10Dollar.ca and all good will associated therein will be to the sole benefit of 10Dollar.ca .

    2. License Restrictions

      The Affiliate agrees not to use the proprietary materials of 10Dollar.ca in any manner that is contrary to the parameters outlined in Section 2 of this document, and vice versa. All proprietary property rights are reserved for the parties to which they belong. Notwithstanding the license granted in this Agreement, all parties retain the right, title and interest of their respective rights and no rights, title or interest is transferred between parties.

  9. Confidentiality

    Any and all confidential information, including, but not limited to, business, technical or financial information disclosed by any party during the course of a negotiation or during the effective duration of this Agreement that is marked “Confidential,” will remain the sole property of the disclosing party. Proprietary information will remain in confidence for all parties involved, and parties will agree not to disclose proprietary information without the express written permission of the disclosing party.

  10. Limitation of Liabilities.

    ANY LIABILITY OF A PARTY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL VALUE OF ANY ACCUMULATED POINTS PAYABLE TO THE AFFILIATE BY 10Dollar.ca OR ANY POINTS REDEEMED FRAUDULANTLY BY THE AFFILIATE, FOR THE TWELVE MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST 10Dollar.ca MORE THAN ONE YEAR AFTER THE TERMINATION OF THIS AGREEMENT. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY, OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

  11. Indemnification.

    The Affiliate shall indemnify and hold 10Dollar.ca harmless against all allegations, claims, actions, causes of action, lawsuits, damages, liabilities, obligations, costs and expenses (including without limitation reasonable attorneys' fees, costs related to in-house counsel time, court costs and witness fees) (collectively "Losses") attributable to or related to the Affiliate’s breach of this Agreement and for claims of product liability ("Claims"). Should any Claim give rise to your duty of indemnification under the provisions of this Agreement, then 10Dollar.ca shall promptly notify you, and you may participate in (at your own expense), but not control, the defense of such Claim. Participation in the defense shall not waive or reduce your obligations to indemnify or hold 10Dollar.ca harmless.
    Your use of the Affiliate Program is irrefutable acknowledgement by you as an Affiliate that you have read, understood and agreed to each and every term and provision of this Agreement and the insertion order. 10Dollar.ca may establish from time to time rules and regulations regarding use of the Affiliate Program as published on the Affiliate Program and such rules and regulations are incorporated herein. You represent and warrant that you will comply with laws of Canada. You further

  12. Representations and Warranties.

    YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICE(S) INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICE(S) IS ACCURATE. ALL SERVICE(S) ARE PROVIDED TO YOU "AS IS " AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR CIRA CERTIFICATION AS A DOMAIN NAME REGISTRAR, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE(S), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICE(S) OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICE(S). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  13. Governing Law and Jurisduction for Dispute.

    Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Canada and the Province of Ontario, as if the Agreement was a contract wholly entered into and wholly performed within the Province of Ontario. You agree that any action brought by you to enforce this Agreement or any matter brought by you and which is against or involves us and which relates to your use of the Services shall be brought exclusively in Toronto, Ontario courts. You consent to the personal and subject matter jurisdiction of any Provincial or Federal court in Toronto, Ontario in relation to any dispute between you and us under this Agreement. You agree that service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your account and/or domain name WHOIS information.