PhoenixNAP - Affiliate Program

phoenixNAP
Tel: 1.800.260.4515
Email: affiliates@phoenixnap.com

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Terms and Conditions

phoenixNAP REFERRAL AGREEMENT

This Referral Agreement (“Agreement”) is by and between phoenixNAP, LLC hereinafter (“phoenixNAP”) an Arizona limited liability company with its principle place of business located at 2353 University Drive, Tempe, Arizona, 85281 and _______________________ a _________company with its principle place of business located at  hereinafter (“referrer”). Please read this agreement carefully before registering as a phoenixNAP referrer. By signing up as a referrer in the phoenixNAP referral program, referrer hereby acknowledges and accepts this Agreement and its terms and conditions and the accompanying Acceptable Use Policy (“AUP”) located at https://phoenixnap.com/cs/legal/aup.html which herein is made part of this Agreement by reference. 

WHEREAS phoenixNAP provides certain data center infrastructure services ("phoenixNAP Services").
WHEREAS Referrer desires to refer  clients to phoenixNAP in exchange for certain referral fees under the terms and conditions set forth below. 
And the AUP is located at https://phoenixnap.com/cs/legal/aup.html.
 NOW, THEREFORE, phoenixNAP and Referrer agree as follows:

1.	Definitions.

a.	Qualified Referral - Prospects who are referred to phoenixNAP via links on Referrer’s website(s) and are accepted by phoenixNAP. phoenixNAP reserves the right to reject any referral for any reason or for no reason. phoenixNAP will not pay a referral fee for referred clients utilizing a Dual Core E2180 server.

b.	Referral Client – Qualified Referrals who subsequently enter into a contract for the purchase of phoenixNAP Services utilizing eligible services  within one (1) year of such referral. Referral fees are paid to Referrers providing Qualified Referrals which result in a Referral client purchasing eligible services. Eligible services meriting referral fees may vary from time to time based on the products offerings of phoenixNAP. Existing Clients of phoenixNAP are prohibited from acting as both a Referrer and a Referral Client relating to their own website. phoenixNAP will not pay a referral fee to existing clients that refer their own websites. phoenixNAP reserves the right, at its sole discretion to terminate service to existing clients which attempt to refer their own site in an attempt to collect a referral fee.

c.	Net Collections – Refers to the initial order only. Total revenue collected by phoenixNAP from a Referral Client minus any taxes, collection costs, refunds, or miscellaneous charges associated with Referral Client and minus any upgrades or additional phoenixNAP Services ordered by the Referral Client subsequent to the initial order.

2.	phoenixNAP Paid Referral Fee.  phoenixNAP will pay Referrer a Referral Fee of Ten Percent (10%) of Net Collections from each phoenixNAP Referral Client referred by referrer, or $75 per signup for the dedicated hosting line of products. phoenixNAP will not issue payments for referral clients of less than $25.00. Referral Fees less than $25.00 will be held and aggregated until the total payment due equals or exceeds $25.00 or until this Agreement is terminated. In the event Referrer wishes to have funds due sent by means other than USPS, phoenixNAP will deduct the cost of the chosen method from funds due Referrer. In no event will phoenixNAP have any obligation to pay a Referral Fee in connection with any Client which phoenixNAP had contact with prior to the date on which Referrer referred such Client to phoenixNAP. In the event more than one Qualified Referral is received by phoenixNAP from different authorized Referrers, only the Referrer of the Qualified Referral first received by phoenixNAP will be paid a Referral Fee.

3.	Independent Contractors. The relationship of phoenixNAP and Referrer established by this Agreement is that of independent contractors, and nothing contained in this Agreement shall be construed to: (i) give either party the power to direct and control the day-to-day activities of the other; (ii) deem the parties to be acting as partners, joint-venture, co-owners or otherwise as participants in a joint undertaking; or (iii) permit either party or any of either party's officers, directors, employees, agents or representatives to create or assume any obligation on behalf of P NAP for any purpose whatsoever.
Referrer agrees that phoenixNAP is an Internet (online) Service Provider ("ISP") under the Digital Millennium Copyright Act (DMCA) and understand that phoenixNAP is required under the DMCA to remove and/or have the Referrer remove any material that another party claims is infringing once phoenixNAP has received, in its sole judgment, a proper notification. Referrer also agrees that if the Referrer does not comply with a written request from phoenixNAP to remove material under the DMCA or for any other reason, phoenixNAP may at its discretion hold all funds until such time as phoenixNAP is certain that the material is removed. phoenixNAP may, at its sole discretion, determine who is a “repeat infringer” and may terminate this Agreement without notice to the Referrer if phoenixNAP believes the Referrer to be a repeat infringer.

4.	Term. This Agreement shall remain in force until cancelled by either party with written 10 day notice to the other party  phoenixNAP may suspend payments or terminate this Agreement and payments at any time and without prior notification for a material breach of this Agreement or of phoenixNAP’s AUP.

 5.	Effect of Termination. The provisions of Sections 3, 4, 5, 6, 8, and 9, and phoenixNAP’ payment obligations pursuant to Section 1 for any referral that occurred prior to the termination date, shall survive termination of this Agreement.  All other rights and obligations of the parties shall cease upon termination of this Agreement.

6.	LIMITATION OF LIABILITY AND DAMAGES.  EACH PARTY'S LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY phoenixNAP TO REFERRER UNDER THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY (INCLUDING ANY CLIENT) FOR ANY SPECIAL, INCREMENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF SUCH PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

 7.	Marks. Each party’s use, display or reference to the other party’s proprietary indicia, trademarks, service marks, trade names, logos, symbols and or brand names (collectively “Marks”) shall be subject to the advance written approval of that party, which approval shall not be unreasonably withheld.  Neither party may remove, destroy or alter the other party’s Marks.  In the event this Agreement expires or is terminated, each party will promptly cease using the Marks of the other party. Neither party grants any rights in the Marks of such party except as expressly permitted hereunder. Each party expressly agrees to allow phoenixNAP to identify such party as a Referrer.  Each party’s use of the other party’s Marks shall at all times be in accordance with such the other party’s logo and trademark usage guidelines.

 8.	Payment. Referral fees will be paid on or about the 30th of the month following the month phoenixNAP receives payment or the 30th of the month following the month of service for which the payment was made whichever occurs last.

9.	General.  Neither party may assign this Agreement without the prior written consent of the other, and any attempt to do so shall be void. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona excluding that body of law known as conflicts of laws.  Any suit hereunder shall be brought in the federal or state courts of the District of Arizona and Referrer hereby submits to the personal jurisdiction thereof. This Agreement constitutes the entire agreement between phoenixNAP and Referrer pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements of such parties in connection herewith. phoenixNAP reserves the right to modify this agreement at any time. Utilization of the service by you and/or your customers following the effective date of any change or modification of this Agreement on phoenixNAP’s website will constitute acceptance by you of such change(s). Otherwise, this Agreement may not be modified except by the written consent of both parties.

For your own protection, you understand and agree that phoenixNAP will only accept requested changes and modifications to this agreement that are in writing and signed by the individual(s) signing this agreement.

[SIGNATURE BLOCK FOR REFERRER]
By:_______________________
Its:_______________________
Date:_____________________

* I have read, understand and agree to the above terms and conditions.

Payout: $75 a Signup or 10% Recurring Questions? Feel free to contact us