Affiliate Agreement

This Affiliate Agreement ("​Affiliate Agreement​") contains the complete terms and conditions
between, Endurance International Group India Private Limited operating as Bluehost India
(“​Bluehost India​”) and you, regarding your application to and participation in, the Bluehost
India Affiliate Program (the “​Affiliate Program​”) as an affiliate (an “​Affiliate​”) of Bluehost
India, and the establishment of links from your website to our website,
https://www.bluehost.in.

BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE

PROGRAM, YOU CONFIRM THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS
AFFILIATE AGREEMENT AND THE Bluehost TERMS AND CONDITIONS.

1. Definitions

a. "Affiliate" - The business, individual, or entity applying to or participating in the

Affiliate Program, or that displays Bluehost India’s products and services and/or
promotions on its website, or other means, using an affiliate tracking code in
exchange for receiving a commission from Bluehost India for sales directly
resulting from such display.

b. "Affiliate Platform" - The third party platform, Impact Tech, Inc. (“Impact Radius”),
used by Bluehost India to track the conversion and Affiliate performance,
including specific referrals and commissions earned through the Affiliate Program.

c. "Affiliate Console" - The Affiliate Console is used by Affiliates to track

commissions, view reports, and update contact information and payment
preferences. The link to the Affiliate Console is ​here​.

d. "Affiliate Site" - The Affiliate's website which displays Bluehost India’s Products
and Services and/or promotions.

e. "Bluehost India’s Products and Services" - Web hosting and related products and
services (which includes but is not limited to Shared Hosting, WordPress Hosting,
VPS and Dedicated Servers) that are available for purchase from Bluehost India.
Purchases of add-on products and services, including without limitation, domain
registrations, Office 365 Mailboxes, CodeGuard backup or security tools are
excluded.

f. "Commission Fees" - The amount to be paid to the Affiliate for a Qualified

Purchase by a Referred Customer, subject to any applicable Commission
Threshold, and pursuant to the terms of Section 8 hereunder.

g. “Commission Threshold” - The amount of Commission Fees an Affiliate must

accrue prior to receiving a payment from Bluehost India.

h. "Qualified Purchase" - A sale of Bluehost India Products and Services by Bluehost

India, with a term of one (1) month or longer, to a Referred Customer that is not
excluded under Section 7.
i. "Referred Customer" - Each new and unique customer referred from Affiliate
through a Link (as defined in Section 3) that provides valid account and billing
information.

2. Enrollment in the Affiliate Program

a. To begin the enrollment process, you must submit a completed Affiliate Program
signup form. The signup form can be found at https://www.bluehost.in.

b. We will evaluate your application and will notify you of your acceptance or
rejection in a timely manner. We may reject your application if we determine (in
our sole discretion) that your Affiliate Site or promotional method is not suitable
for the Affiliate Program for any reason, including, but not limited to, its inclusion
of content that is unlawful or otherwise violates our ​Acceptable Use Policy​, as
determined in our sole discretion.

c. If we reject your application, for any reason, you may ​not re-apply to the Affiliate
Program utilizing the same domain name/URL. An Affiliate should also not reapply
using a different domain/URL name and then add the previously rejected domain
name/URL to your affiliate account. Bluehost India, in its sole discretion, reserves
the right to reject or remove any prospective affiliate from the Affiliate Program at
any time, with or without notice.

3. Promotion of Our Affiliate Relationship

a. Use of Links - If you qualify and agree to participate as an Affiliate, we will make a
variety of graphic and textual links available to you (each referred to herein as a
"Link" or collectively, as the "Links"). The Links will serve to identify your Affiliate
Site as a member of the Affiliate Program and will establish a link from your
Affiliate Site or email to Bluehost India’s website. You agree to cooperate fully
with us to establish, display, and maintain such Links. You further agree that your
use of the Links must be in compliance with this Affiliate Agreement at all times.
Bluehost India may modify the Links from time to time in its sole discretion. You
will not use graphic or textual images (indicating a Link) or text messages to
promote Bluehost India that are not approved in advance by Bluehost India.
Furthermore, you agree not to use cookie stuffing techniques that set the affiliate
tracking cookie without the Referred Customer's knowledge (e.g. iframe).

b. Prohibited Activities -​Except as permitted herein, you shall not and are not
authorized to (i) use Bluehost India’s trademark or other intellectual property,
including without limitation, the Links (collectively, “Bluehost India’s IP”) without
Bluehost India’s express prior written permission; (ii) use Bluehost India’s name
(or any variation or misspelling thereof or other terms that are confusingly similar
to any of the foregoing) in a domain name, any metatags, advertising, search
terms, code, or otherwise; or (iii) act in any way that causes or could cause any
confusion concerning the source of, or your association with Bluehost India’s
Products and Services. Your use of Bluehost India’s IP in any manner, other than as
expressly permitted hereunder shall constitute unlawful infringement of Bluehost
India’s intellectual property rights, and may subject you to liability (including
potential treble damages for knowing or willful infringement), and the obligation
 to pay Bluehost India’s legal fees and costs in connection with Bluehost India’s
enforcement of its rights.

c. Paid Search Policy -​You are required to comply with the following rules when
bidding on keywords on any paid search engines or social media site, including
without limitation, Google, Yahoo/Bing, Twitter and Facebook:
i. You are prohibited from bidding on any Bluehost trademarks, or any
variations and misspellings thereof without Bluehost's prior written
approval. Examples of prohibited keywords are "Bluehost," "Bluehost
India," "Bluehost.com," "Bluehost.in," "www.Bluehost.com,"
"www.Bluehost.in," "Bluehost India hosting," "Bluehost India domains”.
ii. You are prohibited from bidding on keywords containing Bluehost India
trademarks plus an additional term such as [Bluehost India coupons],
[Bluehost India promotions], and [Bluehost India promos]. Further,
Affiliates are NOT permitted to ​broad or phrase match ​any of these
keywords.
iii. You are prohibited from outranking Bluehost India's internal paid search
ad on any keywords.
iv. You are prohibited from direct linking to www.bluehost.com or
www.Bluehost.in from any paid search ads.
v. You are prohibited from using www.bluehost.com or www.bluehost.in as
a display URL.

All materials, including without limitation, ad copy, coupons, and promotions on

your Affiliate Site must accurately represent active and valid promotions. For
example, you may not display an ad on your Affiliate Site for a promotion that has
expired. We continue to monitor all paid search landscapes. If you are determined to
be in violation of this section your participation in the Affiliate Program may be
terminated. For more information on match types, please visit Google's overview of
match types​.

d. Discounts and Coupons. You are not allowed to post any refunds, credits or
discounts on Bluehost India’s Products and Services, or other content concerning
Bluehost India without Bluehost India’s prior written consent in each instance.
Affiliates may only use active coupons and discounts that are provided exclusively
through the Affiliate Program using banners and links. Each Link connecting users
of the Affiliate Site to the pertinent area of the Bluehost India website will in no
way alter the look, feel, or functionality of the Bluehost India website. Any
violations of the terms surrounding links, coupons, refunds, credits or discounts
shall constitute a material breach of this Affiliate Agreement, and may result in
your termination from the Affiliate Program or the withholding of Commission
Fees.

4. FTC Endorsement Compliance

a. It is the intent of Bluehost India to treat all of our customers fairly. Accordingly, we
require all Bluehost India Affiliates to comply with applicable laws, regulations and
guidelines concerning advertising and marketing, including without limitation, the
Federal Trade Commission (FTC) Endorsement Guides​, which require that material
connections between advertisers and endorsers be disclosed. This means that all
your Affiliate Sites (e.g. directories, review/rating websites, blogs, and other
 websites) and any email or collateral that provide an endorsement or assessment
of Bluehost India’s Products and Services must prominently disclose the fact that
you receive compensation for Referred Customers.

b. For more information and suggestions about how to comply with these guidelines,
please visit our page entitled "​Affiliate Disclosure Requirements, and FTC
Frequently Asked Questions​" Please note that this page is only intended to
provide guidance. It does not purport to provide legal advice and it does not
guarantee that you'll be in compliance with FTC regulations should you follow the
suggestions presented. You are advised to seek and obtain your own legal advice
on how these rules apply to your Affiliate Site or other promotional activities for
which you receive compensation.

c. Bluehost India reserves the right to withhold Commission Fees and cancel your
participation in the Affiliate Program should we determine, in our sole discretion,
that you are not in compliance with the previously mentioned guide or other FTC
regulations or guides that we deem relevant.

5. Data Security

In addition to the obligations set forth in Section 4 (FTC Endorsement Compliance),

Affiliate shall comply with all applicable data protection laws regarding the
transmission of data exported to or from the United States or the country in which
Affiliate resides, including without limitation, the General Data Protection
Regulation 2016/679 of European Parliament and of the Council of 27 April 2016
(the “GDPR”). Affiliate, as a controller under the GDPR, shall also implement
appropriate technical measures to ensure a level of security appropriate to the
risk, taking into account the nature, scope, context, and purpose of processing any
personal data. Affiliate agrees to promptly assist Bluehost India in complying with
any data subject rights request under the GDPR that Bluehost India may receive
from any individuals referred to Bluehost India by Affiliate. Affiliate further agrees
to promptly assist Bluehost India in complying with any duties to cooperate with
supervisory authorities under the GDPR.

6. Order Processing

Bluehost India will process orders placed by Referred Customers who follow the
Links from your Affiliate Site to Bluehost India’s website. We reserve the right, in
our sole discretion, to reject orders that do not comply with certain requirements
that we may establish from time to time. All aspects of order processing and
fulfillment, including Bluehost India’s services, cancellation, processing, refunds
and payment processing will be our responsibility. We will track the Qualified
Purchases generated by your Affiliate Site and will make this information available
to you through the Affiliate Platform. To permit accurate tracking, reporting, and
commission accrual, you must ensure that the Links between your Affiliate Site
and our website are properly formatted.

7. Commission Determination; Qualified Purchases

a. Commission Fees will be calculated based on the commission rates stated on the
Bluehost India website for each Qualified Purchase subject to commission accruing
pursuant to Section 8 below. A “Qualified Purchase” does NOT include any of the
following:
i. A purchase by a Referred Customer that has transferred from any
Bluehost India partner or entity that owns, is owned by, or is under
common ownership with Bluehost India.
ii. A purchase by a Referred Customer who is also associated with any other
Bluehost India referral program.
iii. A purchase by a Referred Customer that is not up to date on its payments
or is subject to a refund, referral, or other program.
iv. A purchase that was completed prior to the Affiliate joining the Affiliate
Program or was not tracked properly through an Affiliate Link.
v. A purchase by a Referred Customer that has not been in good standing for
a period of at least thirty (30) days or is in violation of Bluehost India’s
Terms of Service​, ​Acceptable Use Policy​, or other applicable policies at the
time the Commission Fees accrue.
vi. A purchase that Bluehost India suspects, in its sole discretion, is the result
of fraud, which shall include but is not limited to, the use of software that
generates real and fictitious information, multiple accounts from the same
Referred Customers, or the referral of accounts that do not comply with
this Affiliate Agreement.
vii. A purchase referred by an Affiliate that has an excessive cancellation rate
as determined in Bluehost India’s sole discretion.
viii. A purchase by a Referred Customer who was offered or received coupons,
refunds, credits or discounts from the Affiliate not authorised by Bluehost
India.
ix. A purchase by a Referred Customer who is in or is promoting a
business-opportunity program (as determined by us in our sole
discretion), using marketing practices that we deem to be unethical or
likely to attract fraudulent signups and/or signups with a very low
likelihood of renewal.
x. A purchase by a Referred Customer who received a popup with a
discounted offer, while leaving Bluehost India’s website during their
purchase.
xi. A purchase by a Referred Customer engaging in "Domain Speculation,"
which is determined by the identification of two (2) web hosting accounts
with the same Referred Customer's name, email address, or other
identifying characteristic as determined by Bluehost India and/or the
identification of two (2) or more web hosting accounts that have no
content on their websites or have similar content, templates or
formatting, as determined in Bluehost India’s sole discretion.
xii. A purchase by a Referred Customer who, prior to such purchase, clicked
through a Link established by another affiliate under this Affiliate
Program.
xiii. A purchase by a Referred Customer more than ninety (90) days after
clicking through the Affiliate Link.
xiv. Bluehost India reserves the right to withhold payment of Commission Fees
to Affiliates who are new to the Affiliate Program, or who have referrals
that are potentially the result of fraud as determined by Bluehost India in
its sole discretion, to determine the legitimacy and cancellation rates of
Referred Customers.
b. Bluehost India reserves the right to suspend the payment of Commission Fees at
any time and indefinitely, if it suspects fraud or other improper activity or a
potential breach of any of the terms of this Affiliate Agreement by the Affiliate or
a Referred Customer. Bluehost India reserves the right to deduct from Affiliate's
current and future Commission Fees any and all Commission Fees corresponding
to any fraudulent, questionable, and cancelled purchases. If no subsequent
Commission Fees are due and owing, Bluehost India may send Affiliate a bill for
the balance of such refunded purchase upon termination of Affiliate’s
participation in the Affiliate Program or termination of the Referred Customer.

c. Bluehost India reserves the right to immediately cancel or withhold for later
review any Commission Fees that fail to meet the criteria of a “Qualified
Purchase.” Affiliate is responsible for monitoring the payment, denial, and
withholding of Commission Fees; Bluehost India is not obligated to actively notify
Affiliates of the status of Commission Fees. If Affiliate has a question about a
Commission Fee that has been cancelled or withheld, Affiliate has thirty (30) days
from the day the payment would have been due to contact Bluehost India to
request that the Commission Fee be paid. Any changes to decisions about
cancelled or withheld Commission Fees are strictly made in Bluehost India’s sole
discretion.

d. Commissions for any Referred Customer who is associated with any other
Bluehost India referral program may not be considered a Qualified Purchase. In
other words, you may not receive double commissions or compensation.

e. In the event that the Referred Customers that are referred to Bluehost India by an
Affiliate are determined to have an excessive cancellation rate, as determined by
Bluehost India in its sole discretion, Bluehost India reserves the right to withhold
or decline pending and future Commission Fees to such Affiliate.

f. Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers,

Qualified Purchases, or Commission Fees to intentionally defraud Bluehost India
or any violation of the terms of this Affiliate Agreement constitutes immediate
grounds for Bluehost India to terminate the Affiliate’s participation in the Affiliate
Program and will result in the forfeiture of any Commission Fees due to the
Affiliate.

g. We use cookie based tracking to track and award sales made through the Link. Our
cookies are valid for ninety (90) days and are awarded on a last click basis, which
means clicking the Link before signing up will overwrite any other affiliate cookie
currently in the system. Also, deleting cookies after clicking the Link (but before
signing-up or paying-up) disables tracking and monitoring these clicks and any sale
they may lead to.

8. Commission Accrual & Payments

a. Subject to the terms of this Affiliate Agreement and the terms of the Affiliate
Platform agreement, Commission Fees will be calculated according to the
specified percentage or dollar amount set forth in the commission report in your
Affiliate Console for each Qualified Purchase that accrues during the period for
which such Commission Fees are being calculated.
b. Commission Fees will be processed in accordance with your agreement with the
Affiliate Platform.

c. Bluehost India will only compensate you for Qualified Purchases made in
accordance with the terms of this Affiliate Agreement.

d. Commission Fees shall be paid based on the current information in your Affiliate
Console. You are required to notify the Affiliate Platform promptly of any change
in your address by updating your profile information in the Affiliate Console. You
are responsible for informing the Affiliate Platform of your desired payment
form/type. You can update or change your desired payment method at any time
by updating your affiliate profile located in the Affiliate Console. Please see the
Affiliate Platform’s policies for details on the effect of any changes.

e. You may be subject to a minimum or maximum payment amount. All such

minimum and maximum payment amounts are governed by your agreement with
the Affiliate Platform.

f. You may view the currently available payment methods by logging into your
Affiliate Console for the Affiliate Platform. .

g. If you reside outside of the United States and choose PayPal payments, please
refer to PayPal's policy to ensure you are eligible to receive payments outside of
the United States:
https://www.paypal.com/cgi-bin/webscr?cmd=_display-approved-signup-countrie
s-outside.

h. Bluehost India and the Affiliate Platform, in their sole discretion, reserve the right
to modify the available commission payment methods or payment schedule at any
time. Such changes shall take effect when posted.

i. Disputes: Affiliate has access to Bluehost India's real-time Affiliate Program

statistics and agrees to file any disputes within forty-five (45) days after the end of
the month in which the sale or event that is disputed occurred. Disputes filed after
forty-five (45) days of the date on which the disputed sale or event occurred will
not be accepted by Bluehost India and Affiliate forfeits forever any rights to a
potential claim.

j. Commission Fees will accrue and only become payable once you (i) provide all
relevant tax and address documentation pursuant to this Section 8, and (ii) reach
the Commission Threshold based on the commission rates stated on Bluehost.in. It
is solely your responsibility to provide the Affiliate Platform with accurate tax and
payment information that is necessary to issue Commission Fees to you. If the
Affiliate Platform does not receive the necessary tax or payment information
within ninety (90) days of a Qualified Purchase which would otherwise trigger
Commission Fees, the applicable commissions shall not accrue and no Commission
Fees will be owed with respect to such Qualified Purchase.

k. Each Affiliate is required to submit a W8 (for Affiliates located outside of the U.S.)
or W9 (for Affiliates located in the U.S.) tax form ​as applicable ​before any
 Commission Fees shall accrue. You are responsible for the payment of all taxes
related to the Commission Fees you receive under this Affiliate Agreement. In
compliance with U.S. tax laws, the Affiliate Platform will issue a Form 1099 to
Affiliates whose earnings meet or exceed the applicable threshold.

l. Any address change must be made in the Affiliate profile in the Affiliate Console at
least fifteen (15) business days prior to the end of the calendar month in order for
Commission Fees for that month to be processed.

m. Bluehost India is not responsible for paying any third-party fees, including any fees
charged by PayPal ​or banks​, in order for you to receive Commission Fees.

9. Reports of Qualified Purchases

You may log into your Affiliate Console to review your click through and potential
Qualified Purchases statistics on a daily basis. The potential Qualified Purchases
shown in this report have not been reviewed to confirm they meet all criteria for
Qualified Purchases. As such, Commission Fees may not be issued for all Referred
Customers that appear in the Affiliate Console.

10. Obligations Regarding Your Affiliate Site

a. You are solely responsible for the development, operation, and maintenance of
your Affiliate Site and for all materials that appear on your Affiliate Site. Such
responsibilities include, but are not limited to, the technical operation of your
Affiliate Site and all related equipment; creating and posting product reviews,
descriptions, and references on your Affiliate Site and linking those descriptions to
our website; the accuracy of materials posted on your Affiliate Site (including, but
not limited to, all materials related to Bluehost India’s Products and Services);
ensuring that materials posted on your Affiliate Site do not violate or infringe
upon the rights of any third party and are not libelous or otherwise illegal. We
disclaim all liability and responsibility for such matters.

b. We have the right in our sole discretion to monitor signups through your Affiliate
Site from time to time to determine if you are in compliance with the terms of this
Affiliate Agreement. If you are not in compliance, we may terminate your
participation in the Affiliate Program effective immediately.

11. Bluehost India’s Responsibilities

We will provide all of the information necessary for you to make Links from your
Affiliate Site to our site. Bluehost India will be solely responsible for order
processing (including payment processing, cancellations, and refunds) for orders
for Bluehost India’s Products and Services placed by a Referred Customer, for
tracking the volume and amount of Qualified Purchases generated by your
Affiliate Site, for providing information to Affiliates regarding Qualified Purchase
statistics, and for providing Referred Customers with the services purchased.

12. Policies and Pricing

Referred Customers who buy Bluehost India’s Products and Services through our
 affiliate network are deemed to be Bluehost India customers. Bluehost India’s
Terms and Conditions, rules, policies, and operating procedures will apply to such
customers. We may change our policies, pricing, and operating procedures at any
time. For example, Bluehost India determines the prices to be charged for
Bluehost India’s Products and Services sold through the affiliate network in
accordance with our own pricing policies. Prices and availability of Bluehost India’s
Products and Services may vary from time to time, from affiliate to affiliate, and
from region to region. Because price changes may affect products that you have
listed on your Affiliate Site, you may or may not be able to include price
information in your product descriptions. We will use commercially reasonable
efforts to present accurate information on our website, but we cannot guarantee
the availability or price of any particular Bluehost India Product or Service.

13. E-mails and Publicity

You shall not create, publish, transmit or distribute, under any circumstances, any
bulk email messages without Bluehost India’s prior written consent, to be granted
or denied in Bluehost India’s sole discretion, in each instance. Additionally, you
may only send emails containing a Bluehost India affiliate link and or a message
regarding Bluehost India or the Affiliate Program to people who have previously
consented to receiving such communications from you. Your failure to abide by
this Section 13 and all applicable laws relating to email communications, in any
manner, will be deemed a material breach of this Affiliate Agreement by you and
will result in the forfeiture by you of any and all rights you may have to any
Commission Fees and the termination of your participation in the Affiliate
Program. Further, if your account has excessive clicks in a very short period of
time as determined by Bluehost India in its sole discretion, the Affiliate
relationship may be terminated.

14. IP Licenses and Use.

a. Subject to the limitations set forth in this Affiliate Agreement, including Section 3,
we grant you a non-exclusive, non-transferable, non-assignable, revocable license
to (i) provide access to Bluehost India’s website through the Links solely in
accordance with the terms of this Affiliate Agreement; and (ii) use Bluehost India’s
IP for the sole purpose of promoting Bluehost India’s Products and Services on
your Affiliate Site. You may not alter, modify, or change Bluehost India’s IP in any
way or use Bluehost India’s IP in any manner that is disparaging or that otherwise
portrays Bluehost India, any Bluehost India employee, representative or customer
in a negative light. You are only entitled to use Bluehost India’s IP in compliance
with the terms of this Affiliate Agreement. Your license to use Bluehost India’s IP
shall immediately terminate upon the termination of your participation in the
Affiliate Program for any reason. We reserve all of our rights in Bluehost India’s IP
and your license to use Bluehost India’s IP is limited to the manner described
herein. Bluehost India may review your Affiliate Site to ensure compliance with
this Affiliate Agreement at any time.

b. You grant to us a non-exclusive license to utilize your name, title, trademarks, and
logos (the "Affiliate Trademarks") in any advertisement or other materials used to
promote Bluehost India and the Affiliate Program. For the avoidance of doubt,
Bluehost India may, but is not obligated to use the Affiliate Trademarks at is sole
 discretion. This license shall terminate upon the termination of your participation
in the Affiliate Program.

15. Term and Termination

a. The terms of this Affiliate Agreement are effective upon your submission of an
application to the Affiliate Program and shall remain in effect until either party
terminates your participation in the Affiliate Program (the “Term”). Your
participation in the Affiliate Program may be terminated at any time by either
party, with or without notice or cause.

b. You are only eligible to earn Commission Fees on Qualified Purchases occurring
during the Term. Commission Fees earned prior to the date of termination will be
eligible for payment only if the orders for the related Bluehost India Products and
Services are not cancelled/suspended within thirty (30) days and comply with all
of the terms of this Affiliate Agreement. We may withhold your final payment of
Commission Fees for a reasonable time to ensure that all Qualified Purchases are
valid and payment from Referred Customers are legitimate as determined by
Bluehost India in its sole discretion.

c. Any Affiliate who violates this Affiliate Agreement, Bluehost India's ​Terms of
Service​, or any applicable law or regulation will immediately forfeit any right to
any and all accrued, but not yet received, Commission Fees and will be
immediately removed from the Affiliate Program.

d. Bluehost India reserves the right to remove an Affiliate from the Affiliate Program,
and to terminate or suspend this Affiliate Agreement, at any time for any reason,
in Bluehost India's sole discretion.

16. Modification

We may modify this Affiliate Agreement at any time in our sole discretion, and any
modifications shall take effect when posted on our website. Your continued
participation in the Affiliate Program following the posting of any modification on
our website will constitute your binding acceptance of the modified terms.
Modifications may include, but are not limited to, changes in the scope of
Bluehost India’s Products and Services eligible for Commission Fees, Commission
Fee amounts or percentages, payment procedures, Commission Fee payment
schedules, and Affiliate Program rules. If any modification is unacceptable to you,
your only recourse is to terminate this Affiliate Agreement, in which event you
shall be entitled to your rights under the unmodified Affiliate Agreement in effect
prior to the date of the applicable modification.

17. Disclaimers

We make no express or implied warranties or representations with respect to the

Affiliate Program or any Bluehost India Products and Services sold through the
Affiliate Program (including, without limitation, WARRANTIES OF FITNESS,
MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING
OUT OF THE COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition,
we make no representation that the operation of our websites will be
 uninterrupted or error free, and we will not be liable for the consequences of any
interruptions or errors, including the tracking of information concerning Referred
Customers during any period of interruption.

18. Relationship of Parties

You and Bluehost India are independent contractors, and nothing in this Affiliate
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 Affiliate Site or otherwise, that
contradicts anything in this Section 18.

19. Representations and Warranties

You hereby represent and warrant to us as follows:

a. You have reviewed and understand this Affiliate Agreement and agree
to be bound by its terms.
b. Your acceptance of this Affiliate Agreement and participation in the
Affiliate Program will not violate (i) any provision of law, rule, or
regulation to which you are subject, (ii) any order, judgment, or decree
applicable to you or binding upon your assets or properties, (iii) any
provision of your by-laws or certificate of incorporation, or (iv) any
agreement or other instrument applicable to you or binding upon your
assets or properties.
c. You are the sole and exclusive owner of the Affiliate Trademarks and
have the power to grant to Bluehost India the license to use such marks
in the manner contemplated herein, and such grant will not (i) breach,
conflict with, or constitute a default under any agreement or other
instrument applicable to you or binding upon your assets or properties,
or (ii) infringe upon any trademark, trade name, service mark,
copyright, or other proprietary right of any third person or entity.
d. You are not required to obtain consent, approval, or authorization of, or
exemption by, or filing with, any governmental authority or any third
party in connection with your entrance into this Affiliate Agreement
e. There is no pending or threatened claim, action, or proceeding against
you, or any affiliate of yours with respect to the Affiliate Trademarks,
and, to the best of your knowledge, there is no basis for any such claim,
action, or proceeding.
f. During the Term, you will not include in your Affiliate Site content that
is, in our opinion, unlawful, harmful, threatening, defamatory, obscene,
harassing, racially, ethically, or otherwise objectionable or in violation
of our ​Terms of Service​ or ​Acceptable Use Policy​.
g. You are at least eighteen (18) years of age.
h. Each Referred Customer is valid, genuine, and unique and meets the
criteria of a Qualified Purchase for generating a Commission Fee as
provided in this Affiliate Agreement.

20. Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR

 CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA,
ARISING IN CONNECTION WITH THIS AFFILIATE AGREEMENT OR THE AFFILIATE
PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS
AFFILIATE AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE
TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AFFILIATE
AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING
THE EVENT GIVING RISE TO SUCH LIABILITY.

21. Indemnification

You hereby agree to indemnify and hold harmless Bluehost India and its
subsidiaries and affiliates, and their directors, officers, employees, agents,
shareholders, partners, members, and other owners, against any and all claims,
actions, demands, liabilities, losses, damages, judgments, settlements, costs, and
expenses (including reasonable attorneys' fees) (any or all of the foregoing
hereinafter referred to as "Losses") insofar as such Losses (or actions in respect
thereof) arise out of or are based on (i) any claim that our use of the Affiliate
Trademarks infringes on any trademark, trade name, service mark, copyright,
license, intellectual property, or other proprietary right of any third party, (ii) any
misrepresentation of a representation or warranty or breach of a covenant and
agreement made by you herein, or (iii) any claim related to your Affiliate Site,
including, without limitation, its development, operation, maintenance and
content therein not attributable to us.

22. Confidentiality

Each of the parties hereto agrees that all information including, without limitation,
the terms of this Affiliate Agreement, business and financial information, Bluehost
India customer and vendor lists, or pricing and sales information (including
without limitation commission rates), shall remain strictly confidential and shall
not be utilized for any purpose outside the terms of this Affiliate Agreement
except and solely to the extent that any such information is (a) already lawfully
known to or independently developed by the receiving party, (b) disclosed in
published materials, (c) generally known to the public, or (d) lawfully obtained
from any third party not under any obligation of confidentiality to the disclosure
hereunder. Notwithstanding the foregoing, each party is hereby authorized to
deliver a copy of any such information (a) pursuant to a valid subpoena or order
issued by a court or administrative agency of competent jurisdiction, (b) to its
accountants, attorneys, or other agents on a confidential basis, and (c) otherwise
as required by applicable law, rule, regulation, or legal process including, without
limitation, the Securities Exchange Act of 1933, as amended, and the rules and
regulations promulgated thereunder, and the Securities Exchange Act of 1934, as
amended, and the rules and regulations promulgated thereunder. In the event of
such disclosure, the receiving party shall give the disclosing party prior notice
before releasing any information unless giving such notice is prohibited.

23. Independent Investigation

You understand that we may at any time (directly or indirectly) solicit Bluehost
India relationships on terms that may differ from those contained in this Affiliate
 Agreement. We may also solicit relationships with entities that operate websites
that are similar to or compete with your Affiliate Site. You have independently
evaluated the desirability of participating in the Bluehost India Affiliate Program
and are not relying on any representation, guarantee, or statement other than as
set forth in this Affiliate Agreement.

24. Miscellaneous

a. Governing Law. The laws of the Republic of India will apply and govern this
Agreement, without regard to its principles of conflicts of laws.
b. Binding Arbitration​. By participating in this Affiliate Program, you agree to
binding arbitration for any disputes or claims that arise against Bluehost India or
its subsidiaries in conjunction with this Affiliate Program. An arbitration firm
selected by Bluehost India will be the sole and final arbitrator for any and all
disputes or claims related or resulting from participation in this Affiliate
Program. All decisions rendered are final. You also are responsible for any and
all costs related to such arbitration. Arbitration shall be conducted in
accordance with the Arbitration and Conciliation Act, 1996 as may be amended
from time to time or its re-enactment. The venue for arbitration shall be
Mumbai, India.
c. Assignment. You may not assign this Affiliate Agreement, by operation of law or
otherwise, without our prior written consent. Subject to that restriction, this
Affiliate Agreement will be binding on, inure to the benefit of, and be
enforceable against the parties and their respective successors and assigns
d. Waiver. Our failure to enforce your strict performance of any provision of this
Affiliate Agreement will not constitute a waiver of our right to subsequently
enforce such a provision or any other provision of this Affiliate Agreement.

This file was last modified on ________ 2020.

Affiliate Disclosure Requirements, and FTC Frequently Asked Questions​.

In 2009, the Federal Trade Commission (FTC) published ​Guides Concerning the Use of
Endorsements and Testimonials in Advertising (the "​FTC Guidelines"). These FTC Guidelines
require companies and individuals who receive compensation for endorsing a product or
service to clearly disclose this connection to the consumer. As a result, any affiliate who
receives compensation for endorsing or promoting products or services using reviews,
rankings, blogs, videos, articles, or other testimonials must clearly and conspicuously
disclose this financial incentive.

Bluehost India requires all of its affiliates to comply with the FTC Guidelines. Failure to do so
may result in removal from our affiliate program and the cancellation of all outstanding
commissions owed to the affiliate.

We realize that, on the surface, some of these guidelines may seem onerous, but not only
are they required by U.S. law, but we believe such transparency ultimately creates happier,
long-term customers, which works towards everyone’s best interests. We certainly value
long-term customers over short-term customers, and our most profitable long-term affiliates
are those who deliver long-term customers.

Disclosure Requirements:
To comply with the FTC Guidelines, you must disclose that you are receiving commissions​,
and these disclosures must meet four basic requirements: disclosures must be ​frequent,
clear, conspicuous, and require no scrolling or other type of user action​ to locate.

1. Frequent​: Your disclosure must appear on every page that has a review,
recommendation, comment, graphic, widget, sidebar, "native ad," or other content
that promotes a product or service for which you receive compensation. Such
content includes articles or other informative pages that mix promotion with
unrelated technical advice or recommendations, pages containing affiliate links or
graphics, and pages displaying thumbnails, previews, teasers, links, or feeds that
lead to promotional content or contain such content themselves.
2. Clear: If you receive compensation for your review or rating, it must be
immediately clear (i.e., unavoidable) to the consumer.​ If commissions, conversion
rates, or any factors other than those listed in the body of the rankings,
comparisons, or reviews are influencing the information on your site or how it is
arranged, then you must clearly explain this. Whenever possible, incorporate
disclosure language directly into promotional claims and recommendations rather
than putting it in a separate disclosure.
Do not promise or imply neutrality or independence when, in fact, commissions
and/or conversion rates are determining or influencing the presentation of
information. If you are receiving commissions from all of the brands listed on your
site, you must state this. You must disclose that your business incentives are driving
placement or ratings if that is the case. In addition, disclosures about your business
incentives should be consistent with all other content on your website. For example,
if one part of your website makes a factual claim or suggests that the information
you present is objective, that claim must be true -- you can’t undermine, contradict,
or otherwise "go back on" it in a separate disclosure.
Finally, if your site mixes content related to a product or service for which you
receive compensation with other, unrelated content, a visitor should easily be able
to tell which parts are influenced by compensation and which are not. This may
require placing multiple disclosures on the same page -- for example, next to each
promotional item in a news feed, or at the beginning of an article within a news feed
and next to a "Top Sites" widget appearing in a sidebar further down the page.
Vague catch-all statements such as "the commissions we receive may affect certain
articles or rankings on our site" are insufficient.
3. Conspicuous​: The disclosure must be easy to see, distinct, and unavoidable. It
should begin with a self-explanatory signal - e.g., "Disclosure," "Paid Advertisement,"
or something similar. No scrolling away from the promotional content should be
necessary to locate the disclosure. For example, a site with multiple affiliate links
should have a disclosure visible on the same screen as each affiliate link, and a
website with promotional articles or lists should display disclosures in close
 proximity to that promotional material, not tucked away in a sidebar or footer.
Disclosures must be prominently displayed so they are noticeable to consumers and
should be of a size, color, and graphic treatment that sets the disclosure apart from
other parts of the webpage. For example, disclosures should be in a font size that is
at least as large as the main text on the page and in a contrasting style and/or color
to the surrounding text.
4. Require No Action​: Your disclosure must be​ immediately evident​ to a typical visitor
to your site who views a review, ranking, or endorsement. A visitor should not need
to scroll, click, or hover to learn that you receive compensation. In certain
circumstances, you may be able to include a clickable link for additional information
when a visitor hovers over text, provided that the language of the link itself reveals
the fact that you receive compensation -- e.g. "Advertising Disclosure: We are
compensated for our reviews. Click here for details."

Special Guidance for Consumer Reviews and Endorsements:

If you include consumer reviews, feedback, or endorsements about products or services

listed on your site, you must comply with the FTC Guidelines prohibiting the biased
manipulation of consumer reviews, including the following:

● Consumer reviews and endorsements should be representative of the types of

experiences potential consumers (i.e, your audience or visitors) can generally expect
to have when purchasing or using the product or service being reviewed or
endorsed. Otherwise, if the reviews or endorsements do not represent typical
circumstances, that information should be clearly and conspicuously disclosed, along
with supplementary details regarding the more general type of experience or
performance potential consumers can likely expect.
● You should not offer inducements or incentives in return for positive reviews; you
should not pretend to be a consumer yourself, nor should you write fake reviews
(including about a competitor).
● You should clearly state how reviews are obtained and verified, and you should
publish all reviews, including the negative ones, provided that they are genuine and
truthful. You should also explain the circumstances under which reviews might be
edited or not published at all (e.g., if they include abusive language or defamatory
remarks).
● You should ensure that reviews are current (i.e., not stale, not too old), and you
should have appropriate procedures in place to detect and remove outdated or fake
reviews.

Select excerpts from FTC Endorsement Guides FAQs:

The FTC has published answers to Frequently Asked Questions applying directly to the ​FTC
Guides Concerning the Use of Endorsements and Testimonials in Advertising​. For your
convenience, we have reproduced some of the most applicable ones below. Still, we
encourage you to read the ​FAQs from the FTC​ in their entirety.

I’m an affiliate marketer with links to an online retailer on my website. When people read
what I've written about a particular product and then click on those links and buy
something from the retailer, I earn a commission from the retailer. What do I have to
disclose? Where should the disclosure be?

If you disclose your relationship to the retailer clearly and conspicuously on your site,
readers can decide how much weight to give your endorsement.

In some instances - like when the affiliate link is embedded in your product review - a single
disclosure may be adequate. When the review has a clear and conspicuous disclosure of
your relationship and the reader can see both the review containing that disclosure and the
link at the same time, readers have the information they need. You could say something like,
"I get commissions for purchases made through links in this post." But if the product review
containing the disclosure and the link are separated, readers may lose the connection.

As for where to place a disclosure, the guiding principle is that it has to be clear and
conspicuous. The closer it is to your recommendations, the better. Putting disclosures in
obscure places - for example, buried on an ABOUT US or GENERAL INFO page, behind a
poorly labeled hyperlink or in a "terms of service" agreement - isn't good enough. Neither is
placing it below your review or below the link to the online retailer so readers would have to
keep scrolling after they finish reading. Consumers should be able to notice the disclosure
easily. They shouldn't have to hunt for it.

Is "affiliate link" by itself an adequate disclosure? What about a "buy now" button?
Consumers might not understand that "affiliate link" means that the person placing the link
is getting paid for purchases through the link. Similarly, a "buy now" button would not be
adequate.

I guess I need to make a disclosure that I’ve gotten paid for a video review that I’m
uploading to YouTube. When in the review should I make the disclosure? Is it ok if it’s at
the end?
It’s more likely that a disclosure at the end of the video will be missed, especially if someone
doesn’t watch the whole thing. Having it at the beginning of the review would be better.
Having multiple disclosures during the video would be even better. Of course, no one should
promote a link to your review that bypasses the beginning of the video and skips over the
disclosure. If YouTube has been enabled to run ads during your video, a disclosure that is
obscured by ads is not clear and conspicuous.

Do the Endorsement Guides apply to social media?

Yes. Truth in advertising is important in all media, whether they have been around for
decades (like, television and magazines) or are relatively new (like, blogs and social media).

I’m a blogger and a company wants me to attend the launch of its new product. They will
fly me to the launch and put me up in a hotel for a couple of nights. They aren’t paying me
or giving me anything else. If I write a blog sharing my thoughts about the product, should
I disclose anything?
Yes. Knowing that you received free travel and accommodations could affect how much
weight your readers give to your thoughts about the product, so you should disclose that
you have a financial relationship with the company.

More information about the FTC Disclosure requirements can be found here:

● Guides Concerning the Use of Endorsements and Testimonials in Advertising

● The FTC's Revised Endorsement Guides: What People are Asking
● Dot Com Disclosures: Information About Online Advertising
● Native Advertising: A Guide for Businesses

This file was last modified on June 17th, 2020.