Affiliate Terms And Conditions

I. Overview

These Affiliate Program Terms and Conditions (“Agreement”, “Affiliate Agreement,  “Terms”, “Terms and Conditions”, or “Affiliate Terms and Conditions”) are a legal agreement between (a) the affiliate program participant (the “Affiliate”, “Affiliate Partner”, “you”, or “your”), and (b) Cloud86 BV. (“Cloud86,” “we,” “us,” or “our”), and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of the Affiliate’s use of the Affiliate Program. Your electronic acceptance of this Agreement signifies that you have read, understood, acknowledged, and agreed to be bound by this Agreement, along with Cloud86's Terms of Service, which are incorporated herein by reference.

You represent, warrant, and agree that (a) you have the full power and authority to enter into and perform under these Terms, or (b) if you are joining the Program on behalf of an organization, entity, or group that you are authorized to accept these Terms on such organization’s, entity’s, or group’s behalf.

Updates to the Terms. We reserve the right to make changes to these Terms and Conditions at any time at our sole discretion. If we make changes to these Terms, we will provide notice of such changes by revising the date at the bottom of these Terms. Your continued participation in the Program following any changes will constitute your acceptance of such changes. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) Cloud86’s website or the Services found at our website. In addition, Cloud86 may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account ("Account") information, including your email address, current. Cloud86 assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

In addition to the affiliate program, there is also a Cloud86 referral program. Similar terms and conditions apply.



II. Participation in the Affiliate Program

Enrollment in the Program requires application through the affiliate signup form on the Cloud86 website (the Website) or via the Cloud86 client portal. Your application may be rejected if we determine that you are not suitable for the Program for any lawful reason or no reason.

You must be at least eighteen (18) years of age, or any higher minimum age in the jurisdiction where you reside, to register for a Program account (an “Account”).

You must be eligible to receive affiliate payments via a payment provider or process identified by Cloud86, which may change from time to time. At this time, commissions are paid monthly via IBAN bank transfers. Cloud86 is not responsible for any transaction fees charged by a bank or any other payment provider.

You are not eligible for the Program if (a) you are located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, including, but not limited to, Iran, Syria, Cuba, North Korea, and the Crimea, Donetsk People’s Republic (DNR), or Luhansk People’s Republic (LNR) regions of Ukraine or (b) you are subject to economic or other sanctions by the United States, European Union, United Kingdom, United Nations, or any other government or international body.

If there is a dispute about the ownership of an Account, we reserve the right to investigate and determine ownership of the Account based on our reasonable judgment.



III. Your Responsibilities

As a Cloud86 Affiliate, you agree that:

You will (a) provide accurate, truthful, current, and complete information; Such information includes, but is not limited to: contact details, payment details, tax information, all website URL(s) where Cloud86 is promoted, traffic sources, promotional means and practices, and any other details we may request. (b) maintain and promptly update your information upon any changes; (c) maintain the security of your Account by protecting your password and restricting access to your Account; (d) promptly notify Cloud86 if you discover or otherwise suspect any security breaches or unauthorized access related to your Account, the Services, or the Program; and (e) take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account.

Cloud86 has the right to request any additional information about each website, where Cloud86 is promoted, and any additional information about the promotional practices on those websites. If by any means you fail to provide the requested data or the data is not accurate it may result in exclusion from the Affiliate Program, temporary suspension or termination of your Affiliate account, and loss of any Commissions.

You represent, warrant, and agree that any Affiliate’s websites from which the Affiliate promotes Cloud86 and the Services (collectively, the “Affiliate Websites”) shall not (a) infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, confidentiality, moral, or privacy right, or any other proprietary or intellectual property right; (b) violate or promote the violation of any law; (c) be defamatory, fraudulent, false, misleading, or deceptive; (d) constitute, consist of, or enable spam, phishing attempts, “chain letters”, “pyramid schemes”, or Malicious Activity (defined below); (e) be pornographic, vulgar, exploitative of children, or otherwise obscene; (f) include nudity or sex-related/themed products, services, or other material; or (g) promote terrorism, violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group. Determining whether the Affiliate content violates these Terms shall be at Cloud86’s sole discretion.

The Affiliate must act in good faith and only refer potential customers to Cloud86 who (a) have provided valid contact information; (b) are not bots, fake, illegitimate, or otherwise fraudulent; and (c) have active accounts, do not exceed any limitations and meet the eligibility requirements set in our Terms of Service. Active account refers to your referred new users who have created an account and have not canceled it in more than 45 (forty-five) days.

You should not make any recommendations or take any actions that would result in a potential revenue loss for Cloud86.

You should be loyal to Cloud86 should not misuse its confidence and should not damage its reputation.

You should not act in your own will as per modifying, copying or altering any banners, icons, graphics or any other content that is contained in Cloud86’s Links including but not limited to altering and modifying any copyright or trademark notices, without prior written approval from Cloud86.

You shall not use self-referral methods, you can’t click on your affiliate links and/or banners and make orders via your unique affiliate link. Matching IP addresses that were used to log in to the Affiliate panel and to make the purchase, are going to be considered as self-referral and no exceptions will be made. Additionally, the use of VPN services to make a purchase via the affiliate link will also be considered a violation. Violations can result in the loss of all accrued Rewards and dismissal from the program.

You should not engage in any blackhat SEO/spam link-building techniques, incentive programs, impersonating Cloud86, cookie insertion, Pay per Click/Impression advertising, or other similar techniques in order to generate more referrals for Cloud86.

You are required to disclose the affiliate relationship with Cloud86 on your website.

If Cloud86 suspects or detects patterns of violations of the Affiliate Program Agreement, Cloud86 reserves the right, as a result of Program Agreement violation, to suspend and/or terminate your Affiliate account and cancel all Commission payments due.



IV. Affiliate Advertising

Only promotional materials that are approved by Cloud86 may be used in the Affiliate’s Site in order to advertise Cloud86 or its Services in connection to the Program. Approved promotional materials refer to the materials that are provided in your Affiliate Area. Approved promotional materials may contain Cloud86 trademarks, service marks, logos, and slogans for you to display on your Affiliate Website. By signing this agreement we grant you a non-exclusive, limited, and non-transferable license to access, download, and place the approved promotional material on your website with the sole purpose of promoting websites operated, controlled, and owned by Cloud86. Affiliate shall not modify, change, customize, copy, or imitate any of Cloud86’s promotional materials, including Cloud86’s trademarks, logos, banners, and graphics.

If by the decision of any party the Affiliate Agreement is terminated, upon termination your non-exclusive, limited, and non-transferable license to access, download and place the approved promotional materials of Cloud86 will be immediately and automatically withdrawn without any notification.

Inappropriate ways of advertising include, but are not limited to:

The Usage of any illegal and/or spam method of advertising, such as unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards, etc.;

Using Pay per Click or Pay per-impression campaigns as an advertising method and bidding on keywords and phrases containing the "Cloud86" trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google,Yandex, Yahoo, MSN, Ask, Bing or others) without our prior approval. You are not allowed to use the Cloud86 Website(s) as a display URL in Paid media ads and to direct-link or redirect to the Cloud86 Website(s);

Using traffic generated by pay-to-read, pay-to-click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods;

Providing cash backs, rewards, or any other kind of incentives to obtain the sale without our prior approval;

Offering price savings methods, including coupon(s), voucher(s), discount codes, or added value offers without our prior approval;

Using our advertising and promotional materials, trademark, or name in a way that negatively affects our image;

Using iframes or any other techniques or technology that places your affiliate tracking cookie in any means other than an actual click-through;

Using link cloaking or masking techniques or technology to promote Cloud86 on websites and/or networks not explicitly listed in your affiliate profile and hiding that traffic source;

Your website(s) must NOT contain lewd, obscene, illegal, or pornographic material or any other material that is deemed to be objectionable. This includes but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, all content of an adult nature, etc. The declaration of any materials as such is subject to our reasonable opinion;

Your domain name(s), company name, logo, trademark, product(s), project(s), or service(s) must NOT contain keywords and phrases containing the "Cloud86" trademark or any other variations or misspellings confusingly similar to Cloud86 trademark, name, logo or domain name, without our prior approval;

Your domain name(s), company name, logo, trademark, product(s), project(s), or service(s) must NOT contain keywords and phrases that contain or are confusingly similar to third-party trademarks, names, logos, or domain names unless you have been duly authorized by the trademark owner.

Cloud86 shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in a warning, suspension, or termination of your affiliate account and cancellation of all outstanding Commission payments due. Additionally, any rude, aggressive, or offensive in any means communication with the dedicated affiliate manager will result in a permanent ban from the Affiliate Program with no exceptions made.

The Affiliate shall abide by the highest standards of ethics and professionalism. Without limiting the generality of the foregoing, the Affiliate and/or your promotional materials shall not, in connection with the Program:

Use non-unique copyright-infringing content to promote Cloud86;

Impersonate Cloud86; nor shall the Affiliate represent or imply that it is a Cloud86 partner, employee, or other representative of Cloud86.

The Affiliate should not disparage Cloud86 and its representatives, the Services, or the Program;

The Affiliate should not misrepresent the Services in any way, including its prices, plans, discounts, or functionality;

The Affiliate shall promptly comply with Cloud86’s instructions to modify or remove Promotional Content.



V. Affiliate Tracking Cookies

We track affiliate sales automatically by using cookies. The cookies are automatically placed in the browser of the user who clicks on the affiliate link in order to reach our website. Every cookie is stored for up to 60 days. Cloud86's affiliate program runs on an FCC principle: the first click in the click path within affiliate marketing receives a commission.

Cloud86 is not responsible for tracking cookies that have been either intentionally or unintentionally deleted. No Commission will be paid for tracking errors of any kind, including, without limitation, any tracking errors caused by Affiliate’s editing, masking, or tampering with an Affiliate Link.



VI. Affiliate Commissions

Affiliate referrals shall be made by way of a hyperlink which is presented to a potential Cloud86 customer in a format approved by Cloud86 (“Affiliate Link”). A potential Cloud86 customer shall become a “Referred Customer” when they click on an Affiliate Link and make a purchase. 

If the sale is for Cloud86 Shared hosting (Start/Medium/Power), Managed WordPress hosting (Start/Medium/Power), Managed Woocommerce hosting (Start/Medium/Power), Managed VPS (Start/Medium/Power), Business Email hosting (Start/Medium/Power) plans, you will receive:

For 1 - 4 new customers per month, you get € 35,- fixed per customer. 

For 5 or more new customers per month, you can qualify for 60% (sixty percent) Commission per customer on the first order value. 

Commission is paid only for the initial purchase of our services for longer than 12 months period and 1-month hosting plans for Managed WordPress and Woocommerce hosting. No Commission is granted for domains, Microsoft 365, additional services such as a migration service, renewal, or upgrade of services, bought by the clients. With Revenue Share offers the maximum Commission for one sale is EUR500. Any applicable taxes, fees, additional services (such as personal information protection) and domain prices are excluded. (Example: a client bought Cloud86 Managed WordPress Medium pack for a 3 years and paid EUR574.2 (taxes excluded). Here's how your Commission will be counted: (EUR574.2 *60% =EUR344.52 ). In total, you will receive EUR344.52 Commission.). The customer you refer must not have used our services before and must not have signed up for an affiliate account with us before. Your affiliate account must be active at the time of the sale. No commission is due for sales that were made before you registered for our Affiliate Program.

We retain the right to change the Commission structure and the method of calculation of the Commission at any time. 

If you disagree with the Commission due as reported or believe that commissions were not rightfully attributed to your account, you shall send an email to affiliate@cloud86.io, and indicate the reasons and/or observations in 4 (four) weeks since the respective sale date. Failure to send an email within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment.

If the purchase will be cancelled or refunded by the request of the client during the 45 days period - the Commission for such purchase will not be credited. We retain the right to review all the transactions for possible fraud, whether such fraud is on the part of the Customer, or on your part. During the time which We review Commissions for possible fraud or any other concerns due to illegal activity, we may withhold payment of any balance to you for as long as reasonably necessary in order to investigate and verify that the relevant transactions comply with the provisions of the Agreement, laws and regulations.



VII. Commission Payments

Commissions are paid in EUR and based on the structure outlined in the Affiliate Program sign-up page unless a custom agreement exists in writing. We pay approved commissions every first week of the month by bank transfer. The minimum payout amount is € 100,-.

The affiliate is solely responsible for providing required payment details including IBAN via the affiliate system and keeping their information up to date including postal and email addresses, name, payment information, tax information, and any other personal information that will impact our ability to process a commission payout. We will suspend commission payouts until we have all the required details. 

If the commissions are older than 2 years and have not been withdrawn - they will be removed from your affiliate account's balance.

We may suspend your commission payouts at any time and for any period if we suspect fraudulent or other improper activity or a potential violation of this Agreement by you or any customer you refer.



VIII. Relationship of the parties

Both Cloud86 and the Affiliate agree that they enter into this Agreement as independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between them. The Affiliate has no authority to make or accept any offers or representations on behalf of Cloud86. The Affiliate cannot make any statement, whether on the Affiliate website or otherwise, that reasonably would contradict anything in this section.



IX. Termination

Cloud86 may at its discretion terminate the Program, this Agreement, and/or your Account at any time without formal notice, and Affiliate may terminate this Agreement at any time by providing written notice to Cloud86 (collectively, “Termination”).

Upon Termination, (a) Affiliate shall (i) immediately cease all use of Cloud86’s promotional materials, including Cloud86’s logos, marks, banners, images, content, trademarks, and software, (ii) remove and return or destroy all promotional content, and (b) Cloud86 shall have no further obligations to Affiliate under this Agreement, including the payment of any pending or prior earned Commissions.



X. Confidential Information

Any information provided to the Affiliate relating to Cloud86’s business, customers, vendors, software, technology, or financial condition, or any other information designated as confidential by Cloud86 (collectively, the “Confidential Information”) is a valuable asset that Cloud86 desires to retain in confidence. The Affiliate shall keep in confidence, and ensure its employees and subcontractors keep in confidence, all Confidential Information provided to or acquired by the Affiliate and shall not disclose, divulge, or reveal the same, or any part thereof, directly or indirectly, to any person or persons, or make any use of such Confidential Information (other than in the performance of its obligations under this Agreement), without the express written consent of Cloud86.



XI. Governing Law

Any controversy, claim, or dispute arising under this Affiliate Agreement will be resolved according to the jurisdiction and legislation where the Cloud86 entity servicing your Affiliate account is located.



XII. Changes to the Affiliate Program Terms

We remain the right to change any policies or terms of this Affiliate Agreement at any time. The amendments and/or supplements of the Agreement are effective immediately upon being posted to the Cloud86 website. The current Terms and Conditions of the Affiliate Agreement are always available publicly on Cloud86’s website. If by any means you do not agree with the amendments and/or supplements of the Affiliate Agreement, you can cancel your account within 10 business days, counting from the date of the amendments and/or supplements. Only an official Cloud86 officer has the right to make any amendments and/or supplements to this Affiliate Agreement. No agent of, or person employed by or under contract with, Cloud86 has any authority to alter or vary this Affiliate Terms and Conditions Agreement in any way. No oral explanation or oral information given by any party shall alter the interpretation of this Affiliate Agreement.



 XIII. Limitation Of Liability

NEITHER CLOUD86, ITS OWNERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, AFFILIATES, SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR PROGRAM WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST REVENUE OR PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLOUD86 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL CLOUD86’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE AMOUNT OF YOUR EARNED AND UNPAID COMMISSIONS.

THE EXCLUSIONS AND LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CLOUD86 AND YOU.



Last revised: 15 August 2024