Terms of service
Peramix may enforce rules and regulations regarding the use of its services. These rules and regulations are called Terms & Conditions and governs your purchase and use, in any manner, of all services provided by Peramix INC.
Any violation of the Terms and conditions will result in action that Peramix feels appropriate, which could be the termination of your account. No refund will be given for any interruption in service resulting from policy violations.
You must accept all the terms within this Agreement prior to the use of any of Peramix’s services.
NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HERE AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.
The customer is solely responsible for any breaches of security affecting Peramix's services under customer control. If a customer’s server is attacked, it will be de-activated and an immediate investigation will begin. In such an event, the customer is responsible for the cost to fix any damage done.
Violations of system or network security are prohibited and may result in criminal and/or civil charge. Peramix may investigate incidents involving such violations and may involve law enforcement. Violators of the policy are responsible, without limitations, for the cost of labour required to rectify any damage done to the operation of the network and business operations supported by the network and to respond to complaints incurred by Peramix. Peramix is concerned with the privacy of online communications and web sites but cannot take responsibility for the security of information transmitted over the Peramix facilities.
The customers are responsible for protecting their own password. The customer will not use or permit anyone to use Peramix services or service to hack passwords or to access other systems or networks without authorization. Peramix will stop the service and fully cooperate with law enforcement in the detection and prosecution of any such illegal activity.
Software Piracy Policy
The Peramix network and related services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of current law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law. In compliance with the Digital Millennium Copyright Act (the “DMCA”), please email notifications of claimed copyright infringements to our legal department (see our contact us page for details). Peramix will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
Customers must use the Peramix network responsibly. This includes respecting other Peramix customers. Peramix reserves the right to terminate service with any Customer who uses the Peramix network in such a way that it unfavorable affects other Peramix customers. Violations of this policy may be reported to the law if deemed appropriate. Peramix will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
Bandwidth is not restricted, however, it is subject to fair usage. Please see our Bandwidth Policy page for more info.
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or Peramix’s Terms and Conditions is strictly prohibited.
Content may be stored and published as long as its content remains legal. Illegal material includes copyrighted works, commercial audio, video, or music files, counterfeit products and any material in violation of any law or regulation. Non-Acceptable Content includes, but is not limited to, Child pornography, content containing any person under the age of 18, Incest and Bestiality. You may NOT link to and/or provide information about such content. Any customer found to be violating these rules will have their account terminated immediately without refund and the offending content and customer details will be passed on to the authorities. The definition of “content” is left entirely to the discretion of Peramix.
Peramix will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for their own content and the actions of their clients over the Peramix network and will be liable for illegal material displayed/sent etc. by their clients or themselves. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act will be reported to the correct authorities. Please email notifications of claimed infringements to our legal department (see our contact us page for details).
The customer is expected to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Peramix may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in reprisal against Peramix by offended users. Peramix reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.
Unsolicited Commercial E-mail
Peramix will not tolerate the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Violations of this policy carry service penalties, including termination of service. Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via email as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. E-mail is a person-to-person medium, not a broadcast medium. Customers of Peramix are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Peramix network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Violation of Peramix’s SPAM policy will result in severe penalties. If Peramix is notified of an alleged violation of our SPAM policy, an investigation will be initiated. During the investigation, Peramix may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Peramix may terminate the customer’s account. Further, Peramix reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Peramix will notify the law if the violation is believed to be a criminal offence. Violation of Peramix’s SPAM policy may be reported to our abuse department (see our contact us page for details).
Peramix reserves the right at its sole discretion at any time, to block any and all email and/or attachments deemed inappropriate or high risk in accordance with the Peramix security policies.
Peramix administers the network on which customer servers reside. The customer cannot use IP addresses that were not assigned to them by Peramix staff. Any customer found using IP’s that were not officially assigned, will be suspended from network access until such time as the IP addresses overlap can be corrected. No Peramix IP address is portable or transferable.
Domain Name Registration
All domain names are registered on a first-come, first-served basis. Domain names often appear to be available up to 24 hours following registration. For this reason, Peramix wishes to emphasis that Paying for domain names in no way guarantees that the domain names you have chosen are available and can be registered. You are therefore advised not to take any action in respect to a domain name until full registration has been completed and confirmed to you in writing. Domain renewal takes place automatically at the end of the current domain registration period. Peramix disclaims any responsibility for reminders to customers or users for pending renewal. Domain cancellations must be received in writing at least 2 weeks in advance of the domain expiration date. Failure to provide written cancellation of your domain name(s) in sufficient time will result in the automatic renewal of your domain name(s) and the application of all associated charges. Peramix can accept no responsibility for any losses incurred as a result of unwanted renewal of your domain names.
Peramix reserves the right to upgrade hardware without notifying the customer provided that the level of service remains consistent or improves.
Security Review/Website Security Test and Penetration Test
Peramix’s Security Review/Website Security Test & Penetration Test Service aims to reveal, with the aid of online scanners, any known vulnerabilities that may be a potential risk to both the client organization and its customers. Peramix cannot guarantee that the scans will uncover all known vulnerabilities at the time of the scans or thereafter. Peramix cannot be held responsible or liable in any way for vulnerabilities not identified by the scans; this includes attacks carried out after the scans have been completed. Due to the frequent discovery of new vulnerabilities, Peramix cannot guarantee that the subject of the scans will be risk-free from hackers and can accept no liability if the scanned subject is successfully hacked or exploited in any way following any scan by Peramix. Peramix guarantees the confidentiality of all information gathered by the scans and by any other method during the Security Review process. Peramix will not, under any circumstances, pass any data collected to any third party, nor will Peramix use the data for any marketing or promotional use.
The customer is responsible for paying for any service or network resources that are used to connect to the Internet. The customer may request that the customer’s server/service be disconnected from the Internet, but the customer is still responsible for paying for the resources used up to the point of suspension or cancellation.
Customer agree to pay for all charges or costs attributable to your use of the Service at the then current Peramix. prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all Federal, State, and Local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on Peramix Inc’s net income.
Payment must be received in full prior to account activation. All accounts must not have delinquent balances. Once payment is received, the account will client’s account will be activated. Each payment is due thirty (30) days from the day of the previous payment.
Failure to make payment prior to the due date results in deactivation of the account anytime after payment is due.
Invoices are assessed a late fee of 100% of the total monthly invoice amount in addition to the delinquent invoice amount.
Payment by money order must arrive on time. No Exceptions.
Payment for your service must be paid at the beginning of each billing cycle. Peramix Inc. reserves the right to modify the pricing of each service, mid-cycle, and without prior warning. Future payments on all subsequent billing cycles shall be in accordance with the new pricing.
If for any reason Peramix INC is unable to charge your Payment Method for the full amount owed for the Services provided, or if Peramix INC receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Peramix may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. Peramix INC also reserves the right to charge you reasonable "administrative fees" or "processing fees" for (i) tasks Peramix INC may perform outside the normal scope of its Services, (ii) additional time and/or costs Peramix INC may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Peramix INC in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) disputes that require accounting or legal services, whether performed by Peramix INC staff or by outside firms retained by Peramix INC; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Peramix INC as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with Peramix INC.
All payments made to Peramix INC for any product(s) and/or service(s) are considered final and non-refundable. Said payments for product(s) and/or service(s) are non-refundable under any condition unless otherwise provided by applicable law.
Hosting Services Agreement (HSA) Contract Consent
By proceeding with payment and making use of Peramix services, Client hereby agrees to the terms of service set forth in the Hosting Services Agreement (HSA) contract.
Peramix reserves the right to suspend service or network access to any customer, if the Peramix network administrators feel the customer’s server/service is the source or target of the violation of any of the other Terms and Conditions or for any other reason which Peramix decides. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not needed. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
Peramix reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not needed. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation will be prorated and paid by Peramix if Peramix institutes its right of cancellation. Any violation of policies, which results in extra costs, will be billed to the customer. Customers may cancel at any time by creating a ticket in the Peramix portal giving at least 3 days notice. Upon receipt of the cancellation request, a confirmation will be sent to the customer via email; if this confirmation email has not been received by the customer, the cancellation request has not been received by Peramix and will not take place. A cancellation fee based on the outstanding balance detailed within the Hosting Services Agreement (HSA) contract is applicable and must be paid immediately upon cancellation. The customer’s hosting platform will remain active for the duration of the agreed time-frame within the HSA from receipt of the written notice of cancellation.
Peramix wishes to emphasis that in signing the Services Agreement or its equivalent, you the customer indemnifies Peramix for any violation of the Services Agreement or its equivalent, law or Terms and Conditions that results in loss to Peramix or the bringing of any claim against Peramix by any third-party. This means that if Peramix is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Peramix, plus all reasonable costs.
Client agrees that Peramix shall not be liable to Client for any claims of actual, compensatory and/or consequential damages which may be suffered by Client, including, but not limited to, losses or damages due to the loss of data resulting from delays, non-deliveries, or service interruptions caused by the fault or negligence of Peramix. Notwithstanding the above mentioned, Client’s exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate USD amount which Client paid during the term of the Agreement.
Customer is responsible to backup his data. Peramix will not accept responsibility for any data loss.
Website traffic (IIS/Apache) logs are the responsibility of the client. Peramix will not be held liable for any loss of statistical data or financial loss thereof.
Open Source Products
Peramix offers absolutely no warranty on any open source products running on our servers. Open source products are entirely the responsibility of the customer.
Peramix accepts no responsibility for any open source products functioning after updates to our servers and other entities which are related to open source products.
If a customer wishes to maintain an open-source installation we advise that they join the open-source forums and constantly check for updates on the internet.
Customer Platform Breaches
If your platform, server/s or service is hacked or breached,
We recommend the following mitigation actions are carried out immediately:
- Change passwords to all Accounts including but not limited to VPNs, Email, SSH and RDP logins
- Check site permissions, do not grant everyone full control (for example 777 permissions) to any files on any platform.
- Update all software on the server/service including versions of databases, application server software such as php, .NET and ColdFusion, update control panel versions.
- Update all operating system software such as Linux and Windows.
- Update all software such as Exchange, WordPress, Magneto, SiteCore etc.
- Ensure to review and update all firewall rules
- Ensure all admin systems are locked down
- Your developer/IT Team will need to cleanse all code and platforms thoroughly to ensure all malicious files and corruptions are removed from the platform. Server/Platform rebuilds may be necessary
Please contact our support team immediately if there has been a breach to inform us whether you wish to carry out mitigation actions yourself or if you wish for Peramix to consult with you and carry out the work for you. We will most likely need to charge extra management fees to cover this work and may recommend compulsory platform changes to avoid issues in the future. If you wish to carry out the procedure yourself, we will need to be informed of your plan of action to avoid your system being terminated.
Peramix holds no responsibility for servers or websites which are hacked and may need to shut down servers or websites to avoid network saturation and malicious activity on our network.
Disclaimer of Responsibility
Peramix is under no duty to look at each customer’s or user’s activities to determine if a violation of the Terms and Conditions has occurred, nor does Peramix assume any responsibility through our Terms and Conditions to monitor or police Internet-related activities. Peramix disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy. All Sub-Networks, resellers and managed servers of Peramix must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Termination.
Peramix will not be held responsible for any damages suffered by your business. Peramix makes no warranties of any kind, expressed or implied for services provided. Peramix disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Peramix and its employees. The services provided by Peramix are provided AS-IS and without any warranty expressed or implied. Peramix reserves the right to revise its policies at any time.
Peramix cannot be held liable for any legal fees, damages, losses, costs or other expenses in relation to any claims or actions brought against Peramix as a result of server or 3rd party software vulnerabilities or any code written by Peramix and its employees or contractors.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE TERMS AND CONDITIONS AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS AND CONDITIONS BY YOU.
Affiliate Program Agreement
This Affiliate Agreement ("Agreement") contains the complete terms and conditions between, Peramix, Inc., and its subsidiaries, affiliates, predecessors, successors and assigns (“Provider”) and you, regarding your application to and participation in, the Provider Affiliate Program (the “Affiliate Program”) as an Affiliate of Provider, and the establishment of links from your website to Provider’s Website. The terms of this Agreement are subject to change by Provider without prior notice, but we will try to notify you of such changes in advance.
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 AGREEMENT AND THE APPLICABLE PROVIDER TERMS AND CONDITIONS.
"Affiliate" - The business, individual, or entity applying to or participating in the Affiliate Program, or that displays Provider services and/or promotions on the Affiliate Site, or other means, using an affiliate tracking code in exchange for receiving a commission from Provider for sales directly resulting from such display.
"Affiliate Dashboard" - The Affiliate Dashboard is used by Affiliates to track commissions, view reports, and update contact information and payment preferences.
“Affiliate Platform” – An internal or third party platform, including without limitation,Peramixx INC, ..etc used by Provider to track Affiliate performance, including specific referrals and commissions earned through the Affiliate Program.
"Affiliate Site" - The Affiliate's website which displays Provider Services and/or promotions.
"Provider Services" - The services that are available for purchase from Provider.
"Commission Fees" - The amount you will be paid for each Qualified Purchase by a Referred Customer subject to any applicable Commission Threshold and pursuant to the terms of this Agreement.
“Commission Threshold” - The amount of Commission Fees as determined by Provider in its sole discretion an Affiliate must accrue prior to receiving a payment from Provider.
"Qualified Purchase" - A sale of Provider Services by Provider, with a term of one (1) month or longer, to a Referred Customer that is not excluded under the Agreement.
"Referred Customer" - Each new and unique customer referred from Affiliate through a Link (as defined in the Agreement) that provides valid account and billing information.
“Terms of Service” – The terms of service agreed upon between Provider and a Referred Customer relating to the Provider Services. “Provider’s Website” – The Provider designated website that Affiliate shall link to from Affiliate Site.
Applying for our affiliate program
- To begin the enrollment process, you must submit a completed Affiliate Program signup form.
- 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 website 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 Provider’s Acceptable Use Policy, as determined in our sole discretion.
- If we reject your application, for any reason, you may not re-apply to the Affiliate Program utilizing the same domain name/URL or reapply using a different domain/URL name and then add the previously rejected domain name/URL to your Affiliate Dashboard. Provider, 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.
Promotion of our affiliate program
- Search Engine Marketing. Unless otherwise approved by Provider in writing, Affiliates shall not to run SEM campaigns for Provider products and services on Google.
- Keyword Noncompete. For so long as you are an Affiliate, you may not purchase, either directly or indirectly, or bid, either directly or indirectly, on any Keywords owned or offered through an internet search engine (including Google, Yahoo, or Bing) that compete with Provider’s name, trademarks, or product names. In addition, you will not, directly or indirectly, engage in any activities that could result in confusion among consumers as to the source of an ad (including the overuse of an authorized trademark, trademark cyber-stuffing or other similar activities). “Keywords” shall mean a word used in a search request by an internet search engine user which, when used in such internet search engine, causes a particular sponsor’s ad to appear next to the search results.
- Prohibited Activities. Except as permitted herein, you shall not and are not authorized to (i) use Provider’s trademark or other intellectual property, including without limitation, the Links (collectively, “Provider’s IP”) without Provider’s express prior written permission; (ii) use Provider’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 meta tags, 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 Provider’s Services. Your use of Provider’s IP in any manner, other than as expressly permitted hereunder shall constitute unlawful infringement of Provider’s intellectual property rights and may subject you to liability (including potential treble damages for knowing or willful infringement), and the obligation to pay Provider’s legal fees and costs in connection with Provider’s enforcement of its rights.
- Discounts and Coupons. You are not allowed to post any refunds, credits or discounts on Provider Services, or other content concerning Provider without our 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 Provider Website will in no way alter the look, feel, or functionality of the Provider Website. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement and may result in your termination from the Affiliate Program or the withholding of Commission Fees.
- It is the intent of Provider to treat all customers fairly. Accordingly, we require all Affiliates to comply with applicable laws, regulations and guidelines, including without limitation, those concerning advertising and marketing which further includes as applicable the Federal Trade Commission (FTC) Endorsement Guides, which require that material connections between advertisers and endorsers be disclosed. This means that all Affiliate Sites (e.g. directories, review/rating websites, blogs, and other websites) and any email or collateral that provide an endorsement or assessment of Provider’s Services must clearly and conspicuously disclose the fact that you receive compensation for Referred Customers. In addition, disclosures must (i) be made as close as possible to the claims, (ii) be made on each page of the Affiliate Site containing a Link or referencing Provider, and (iii) be immediately evident and not require scrolling, clicking or any other user action to learn you receive compensation. You can read more about how the FTC guidelines apply to you here. FTC guidelines are subject to change over time and it is your responsibility to review and comply with current guidelines as they may change over time. You are advised to seek and obtain your own legal advice on how these rules apply to the Affiliate Site or other promotional activities for which you receive compensation.
- Provider 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 applicable laws, regulations and guidelines.
Commission Determination; Qualified Purchases
Commission Fees will be calculated based on the commission rates stated on the Affiliate Dashboard for each Qualified Purchase (as defined herein) subject to commission accruing pursuant to the Agreement. A “Qualified Purchase” does NOT include any of the following:
- A purchase by a Referred Customer that has transferred from any Provider partner or entity that owns, is owned by, or is under common ownership with Provider.
- A purchase by a Referred Customer who is also associated with any Provider reseller, referral, or other program.
- 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.
- A purchase that was completed prior to the Affiliate joining the Affiliate Program or was not tracked properly through a Link.
- 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 Provider’s Terms of Service or other applicable policies at the time the Commission Fees accrue.
- A purchase that Provider 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 customer, or the referral of accounts that do not comply with this Agreement.
- A purchase referred by an Affiliate that has an excessive cancellation rate as determined in Provider’s sole discretion.
- A purchase by a Referred Customer if the Referred Customer was offered or received coupons, refunds, credits or discounts from the Affiliate.
- A purchase by a Referred Customer if the Affiliate or Referred Customer is in or is promoting a business-opportunity program, as determined in Provider’s sole discretion.
- A purchase by a Referred Customer who received a popup with a discounted offer, while leaving Provider’s Website during their purchase.
- A purchase by a Referred Customer who, prior to such purchase, clicked through a Link established by another affiliate under this Affiliate Program.
- A purchase by a Referred Customer more than thirty (30) days after clicking through the Link.
- Provider 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 Provider in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.
- Provider 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 Agreement or the Provider Terms and Conditions by the Affiliate or a Referred Customer. Provider reserves the right to deduct from Affiliate's current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, or cancelled purchases. If no subsequent Commission Fees are due and owing, Provider 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.
- Provider 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. Provider 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 Provider to request that the Commission Fee be paid. Any changes to decisions about cancelled or withheld Commission Fees are strictly made in Provider’s sole discretion.
- Commissions for any Referred Customer who is associated with any Provider reseller, referral or other program may not be considered a Qualified Purchase, as determined by Provider in its sole discretion. In other words, you may not receive double commissions or compensation.
- In the event that the Referred Customers that are referred to Provider by an Affiliate are determined to have an excessive cancellation rate, as determined by Provider in its sole discretion, Provider reserves the right to withhold or decline pending and future Commission Fees to such Affiliate.
- Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases, or Commission Fees to intentionally defraud Provider or any violation of the terms of this Agreement constitutes immediate grounds for Provider to terminate the Affiliate’s participation in the Affiliate Program and will result in the forfeiture of any Commission Fees due to the Affiliate.
- Subject to the terms of this Agreement and the terms of any applicable Affiliate Platform, Commission Fees will be calculated according to the specified percentage or dollar amount set forth in the commission report in your Affiliate Dashboard for each Qualified Purchase that accrues during the period for which such Commission Fees are being calculated.
- Commission Fees will be processed approximately forty-five (45) to seventy (70) days after the last day of the month in which they accrue, unless you use an Affiliate Platform in which case they will be processed in accordance with your agreement with the applicable Affiliate Platform.
- Provider will only compensate you for Qualified Purchases made in accordance with the terms of this Agreement.
- Commission Fees shall be paid based on the current information in your Affiliate Dashboard. You are required to notify the Affiliate Platform promptly of any change in your address by updating your profile information in the Affiliate Dashboard. 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 Dashboard.
- Depending on your Affiliate Platform, 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.
- You may view the currently available payment methods by logging into your Affiliate Dashboard for the applicable Affiliate Platform. If the Affiliate Platform offers PayPal as a payment method, please refer to PayPal’s policy to ensure you are eligible to receive payment if you reside outside of the United States.
- Provider and the Affiliate Platform, in its sole discretion, reserves the right to modify the available payment methods or payment schedule at any time. Such changes shall take effect when posted.
- Disputes: Affiliate agrees to file any disputes within forty-five (45) days of the date on which a disputed sale or event occurred. Disputes filed after forty-five (45) days of the date on which the disputed sale or event occurred will not be accepted by Provider and Affiliate forfeits forever any rights to a potential claim.
- Commission Fees will accrue and only become payable once you (i) provide all relevant tax and address documentation pursuant to this Section, and (ii) reach the Commission Threshold based on the commission rates stated in the Affiliate Dashboard, solely as applied to Qualified Purchases which occurred within ninety (90) days of the end of the calendar month in which the first of such Qualified Purchases occurred. Provider reserves the right to change the Commission Threshold and will notify you as may be required pursuant to the terms of this Agreement.
- It is solely your responsibility to provide Provider with accurate tax and payment information that is necessary to issue Commission Fees to you. 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 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. If Provider 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.
- Any address change must be made in the Affiliate profile in the Affiliate Dashboard 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.
- Provider 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.
- Provider, in its sole discretion, may offer you the ability to receive Commission Fees through PayPal Payouts, standard PayPal, wire or ACH transfer. As it relates to PayPal Payouts mass pay option only, and notwithstanding any other provision of this Agreement to the contrary, if you utilize PayPal Payouts mass pay option then Provider will pay any transaction fees charged by PayPal.
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 Provider in complying with any data subject rights request under the GDPR that Provider may receive from any individuals referred to Provider by Affiliate. Affiliate further agrees to promptly assist Provider in complying with any duties to cooperate with supervisory authorities under the GDPR.
Provider will process orders placed by Referred Customers who follow the Links from an Affiliate Site to Provider. 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 Provider’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 our website and/or the applicable Affiliate Platform. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between the Affiliate Site and the Provider Website are properly formatted.
Obligation regarding your affiliate
- 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 the Provider Website; the accuracy of materials posted on your Affiliate Site (including, but not limited to, all materials related to Provider 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 matter.
- 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 Agreement. Affiliate shall reasonably cooperate with any Provider audit of the Affiliate Site, including but not limited to the provision of documentation or information reasonably requested by Provider. If you are not in compliance, we may terminate your participation in the Affiliate Program effective immediately.
We will provide all information necessary for you to make Links from your Affiliate Site to Provider Website. Provider will be solely responsible for order processing (including payment processing, cancellations, and refunds) for orders for Provider 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.
Policies and pricing
Referred Customers who buy Provider Services through our affiliate network are deemed to be Provider’s customers. Provider’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, Provider determines the prices to be charged for Provider Services sold through the affiliate network in accordance with our own pricing policies. Prices and availability of Provider 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 Provider Website, but we cannot guarantee the availability or price of any particular Provider Service.
E-mail and publicity
You shall not create, publish, transmit or distribute, under any circumstances, any bulk email messages without Provider’s prior written consent, to be granted or denied in Provider’s sole discretion, in each instance. Additionally, you may only send emails containing a Link and or a message regarding Provider or the Affiliate Program to people who have previously consented to receiving such communications from you. Your failure to abide by this Section and all applicable laws relating to email communications, in any manner, will be deemed a material breach of this 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 Affiliate account has excessive clicks in a very short period of time as determined by Provider in its sole discretion, the Affiliate relationship may be terminated.
IP licenses and use
- Subject to the limitations set forth in this Agreement, we grant you a non-exclusive, non-transferable, non-assignable, revocable license to (i) provide access to the Provider Website through the Links solely in accordance with the terms of this Agreement; and (ii) use Provider’s IP for the sole purpose of promoting Provider’s Services on your Affiliate Site. You may not alter, modify, or change Provider’s IP in any way or use Provider’s IP in any manner that is disparaging or that otherwise portrays Provider, any Provider employee, representative or customer in a negative light. You are only entitled to use Provider’s IP in compliance with the terms of this Agreement. Your license to use Provider’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 Provider’s IP and your license to use Provider’s IP is limited to the manner described herein. Provider may review the Affiliate Site to ensure compliance with this Agreement at any time.
- You grant to us a non-exclusive, worldwide license to utilize your name, title, trademarks, and logos (the "Affiliate Trademarks") in any advertisement or other materials used to promote Provider and the Affiliate Program. For the avoidance of doubt, Provider 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.
Terms and Termination
- The terms of this 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.
- 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 Commission Fees only if the orders for the related Provider Services are not cancelled within (30) days and comply with all the terms of this 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 the Provider in its sole discretion.
- Any Affiliate who violates this Agreement, Provider'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.
- Provider reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Agreement, at any time for any reason, in Provider's sole discretion.
We may modify this 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 Provider 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 Agreement, in which event you shall be entitled to your rights under the unmodified Agreement in effect prior to the date of the applicable modification.
We make no express or implied warranties or representations with respect to the Affiliate or
any Provider Services sold through the Affiliate Program (including, without limitation,
WARRANTIES OF FITNESS, MERCHANT-ABILITY, 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.
Relationship of parties
You and Provider are independent contractors, and nothing in this 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.
Representation and warranties
You hereby represent and warrant to us as follows:
- You have reviewed and understand this Agreement and agree to be bound by its terms.
- Your acceptance of this 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.
- You are the sole and exclusive owner of the Affiliate Trademarks and have the power to grant to Provider 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.
- 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 Agreement.
- 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.
- 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.
- You are at least eighteen (18) years of age.
- 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 Agreement.
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 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 AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
You hereby agree to indemnify and hold harmless Provider 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.
Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, Provider 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 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 discloser 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.
You understand that we may at any time (directly or indirectly) solicit Provider relationships on terms that may differ from those contained in this 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 Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
- Binding Arbitration. By participating in this Affiliate Program, you agree to binding arbitration for any disputes or claims that arise against Provider or its subsidiaries in conjunction with this Affiliate Program. An arbitration firm selected by Provider 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
- Assignment. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Provider may assign its rights and obligations under this Agreement
- Waiver. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement
- Force Majeure. Provider is not liable for any default or delay in the performance of any of its obligations under this Agreement caused, directly or indirectly, by forces beyond Provider’s reasonable control, including without limitation, earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, pandemics or epidemics, lockout or boycott.
Last modified May 27th, 2023
Security and privacy are at the core of our business practices and product offerings, We are committed to protecting data & information of our customers and website visitors.
We collect data / information as mentioned below, for example, but not limited to:
- User information:
- Name (such as First name and last name)
- Company name
- Address and /or Billing address
- Phone number
- Geographic location
- Payment information
- Digital information:
- IP address
- Browsing history
- Device information
- Metadata (such as e-mail open rates, website clicks, .etc)
- Social media identifiers
- Other sources:
- Publicly available information
- Information you provided in seminars or surveys
- Information you consent to be provided to us from third parties such as but not limited to search engines, digital marketing platforms (google, Microsoft, Facebook, Twitter, LinkedIn, ..etc).
How is data used?
Data is used as mentioned below, for example, but not limited to:
- To provide service and content.
- Account registration.
- Payment processing.
- Customer and technical support.
- Marketing by us not others, including customized advertising.
- Customized content.
- Business communications.
- Analytic and for statistical purposes.
- Maintain quality of services.
- Security, Compliance and Legal reasons.
Peramix processes information you provide to us on the legal basis of:
- Your consent, expressed when voluntarily submitting and filling your personal data details in sign up forms, by e-mail, request or inquiries windows, etc.
- Conclusion and performance of contractual arrangements and obligations between Peramix and the user.
- Pursuance of legitimate interests of Peramix, as data controller and manager of Peramix platform.
- Compliance with a legal obligation to which Peramix is subject, including but not limited to ICAN, Domain Providers, SSL Providers, Software providers, Hardware Providers ,.etc.
Last modified on May 27th, 2023
The below mentioned links provide links to additional terms and conditions applied to use Microsoft products:
This documents governs the use of Microsoft software, which may include associated software, media, printed materials, and “online” or electronic documentation (individually and collectively, “Products”) provided by Peramix INC. Peramix does not own the Products and the use thereof is subject to certain rights and limitations of which Peramix must inform you. Your right to use the Products is subject to the terms of your agreement with Peramix, and to your understanding of, compliance with, and consent to the following terms and conditions, which Peramix does not have authority to vary, alter, or amend.
It is customer responsibility to understand Microsoft terms and conditions for using Microsoft products including uploading any Microsoft image or ISO for using with our server or virtual private servers to fully meet Microsoft License Resources and Documents, Microsoft Customer Agreement and Microsoft Licensing Use Rights.
Peramix holds the right to stop and terminate your services immediately if any violation to Microsoft terms and conditions as mentioned. Peramix Terms and conditions shall be fully apply.
Prohibited content & activity
Examples of prohibited content or links include (but are not limited to):
- Pirated software
- Hacking sites, programs or archives
- Warez, Warez Linking, Nulled Scripts Sites, 9Hits Scripts
- Distribution of music files or any other material in which the account holder does not own the copyright.
- SPAM and Unsolicited Commercial Email
- Currency mining or any other form of mining