Last update: October 27th, 2022.

This Agreement/Policy is between FULL HOSTING SOLUTIONS and the AFFILIATE (“AFFILIATE”) and establishes the terms and conditions for AFFILIATE's participation in the FULL HOSTING SOLUTIONS AFFILIATE Program (the “Program”). Under the Program, FULL HOSTING SOLUTIONS will provide marketing and promotional support to AFFILIATE as specified in this Agreement related to the AFFILIATE's purchase and license of FULL HOSTING SOLUTIONS services for resale.

AFFILIATE Qualification

In order to ensure adequate technical and marketing support to end users, eligibility to resell FULL HOSTING SOLUTIONS services is subject to meeting authorization requirements as described in the Program Materials (the elements and general policies are contained within the AFFILIATE portal site). These Program Materials contain a detailed description of the benefits to an AFFILIATE of FULL HOSTING SOLUTIONS as well as the requirements of an AFFILIATE under this program. The AFFILIATE will not sell FULL HOSTING SOLUTIONS services without arranging for adequate post-sales support.

Relationships

AFFILIATE is an independent contractor engaged in purchasing FULL HOSTING SOLUTIONS services for resale to its customers. AFFILIATE is not an agent or legal representative of FULL HOSTING SOLUTIONS for any purpose and has no authority to act for, bind, or commit FULL HOSTING SOLUTIONS.

AFFILIATE has no authority to make any commitment on behalf of FULL HOSTING SOLUTIONS with respect to quantities, delivery, modifications, capability, or suitability in specific applications. The AFFILIATE has no authority to modify the warranty offered with FULL HOSTING SOLUTIONS services. The AFFILIATE will indemnify FULL HOSTING SOLUTIONS from liability for any modified warranty or other commitment by the AFFILIATE not specifically authorized by FULL HOSTING SOLUTIONS.

The AFFILIATE will not represent itself in any way that implies the AFFILIATE is an agent or branch of FULL HOSTING SOLUTIONS. The AFFILIATE will immediately change or discontinue any representation or business practice found to be misleading or deceptive by FULL HOSTING SOLUTIONS immediately upon notice from FULL HOSTING SOLUTIONS.

Term, Limitations, Termination

The term of this Agreement is twelve (12) months from the date of acceptance by AFFILIATE and FULL HOSTING SOLUTIONS. This Agreement shall automatically renew on each subsequent year for a one-year term unless it is terminated earlier in accordance with this Agreement.

FULL HOSTING SOLUTIONS or AFFILIATE may terminate this Agreement without cause at any time upon thirty (30) days written notice or with a Cause at any time upon fifteen (15) days written notice, except that neither the expiration nor earlier termination of this Agreement shall release either party from any obligation which has accrued as of the date of termination.

FULL HOSTING SOLUTIONS may, from time to time, give AFFILIATE written notice of amendments to this Agreement. Any such amendment will automatically become a part of this Agreement thirty (30) days from the date of the notice unless otherwise specified in the notice.

Upon expiration, non-renewal, or termination of this Agreement, all interests in accrued marketing funds (if any) will automatically lapse–it does not affect any existing outstanding amounts due.

AFFILIATE Programs

FULL HOSTING SOLUTIONS AFFILIATE program will contain various participation levels. FULL HOSTING SOLUTIONS will invite AFFILIATE from time to time to participate in the co-operative advertising, market development, and promotional programs offered by FULL HOSTING SOLUTIONS as defined in the Program Materials. The AFFILIATE may, at its option, participate in such programs during the term of this Agreement. FULL HOSTING SOLUTIONS reserves the right to terminate or modify such programs at any time at its sole discretion.

AFFILIATE shall exert best efforts to market FULL HOSTING SOLUTIONS services, and is able to use promotional materials supplied by FULL HOSTING SOLUTIONS. As defined in the Program Materials, AFFILIATE shall have sufficient technical knowledge of the FULL HOSTING SOLUTIONS services in general and will have access to appropriate FULL HOSTING SOLUTIONS sales and technical training.

FULL HOSTING SOLUTIONS does not represent that it will continue to manufacture any particular item or model of product indefinitely or even for any specific period. FULL HOSTING SOLUTIONS specifically reserves the right to modify any of the specifications or characteristics of its services, remove any product from the market, and/or cease manufacturing or supporting it.

AFFILIATE is expected and encouraged to advertise and promote the sales of FULL HOSTING SOLUTIONS services through all appropriate media including trade show exhibits, catalogs, direct mailings, space advertising, educational meetings, sales aids, etc. FULL HOSTING SOLUTIONS must approve all original materials that use FULL HOSTING SOLUTIONS name or trademarks (aside from modifying existing FULL HOSTING SOLUTIONS supplied template materials). FULL HOSTING SOLUTIONS will assist AFFILIATE in advertising and promoting FULL HOSTING SOLUTIONS services in accordance with FULL HOSTING SOLUTIONS policy.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING ANY INFRINGEMENT CLAIMS, SHALL FULL HOSTING SOLUTIONS BE LIABLE TO THE AFFILIATE OR ANY OTHER PARTY FOR ANY RE-PROCUREMENT COSTS, LOST REVENUE OR, PROFITS, OR FOR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF FULL HOSTING SOLUTIONS HAS BEEN INFORMED OF SUCH POTENTIAL LOSS OR DAMAGE.

Use of FULL HOSTING SOLUTIONS Trademarks

AFFILIATE acknowledges the following:

1. a. FULL HOSTING SOLUTIONS owns all rights, title, and interest in the FULL HOSTING SOLUTIONS names and logotypes.
2. b. FULL HOSTING SOLUTIONS is the owner of certain other trademarks and tradenames used in connection with certain product lines and software.
3. c. AFFILIATE will acquire no interest in any such trademarks or tradenames by virtue of this Agreement, its activities under it, or any relationship with FULL HOSTING SOLUTIONS.

During the term of this Agreement, AFFILIATE may indicate to the trade and the public that it is an Authorized AFFILIATE of the FULL HOSTING SOLUTIONS services. The AFFILIATE may also use the FULL HOSTING SOLUTIONS trademarks and trade names to promote and solicit sales or licensing of FULL HOSTING SOLUTIONS services if done so in strict accordance with FULL HOSTING SOLUTIONS guidelines. The AFFILIATE will not adopt or use such trademarks or tradenames, or any confusing word or symbol, as part of its FULL HOSTING SOLUTIONS name or allow such marks or names to be used by others.

At the expiration or termination of this Agreement, the AFFILIATE shall immediately discontinue any use of the FULL HOSTING SOLUTIONS and FULL HOSTING SOLUTIONS names or trademarks or any other combination of words, designs, trademarks, or tradenames that would indicate that it is or was an AFFILIATE of the FULL HOSTING SOLUTIONS services.

Product Warranty

The warranty terms and conditions will be as specified in the FULL HOSTING SOLUTIONS End User License Agreement (EULA).

FULL HOSTING SOLUTIONS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Proprietary Information

FULL HOSTING SOLUTIONS and AFFILIATE shall each exercise due diligence to maintain in confidence and not disclose to any third party any proprietary information furnished by the other to it on a confidential basis and identified as such when furnished. Except in accordance with this Agreement, neither party shall use such information without the permission of the party that furnished it. “Due diligence” means the same precaution and standard of care which that party uses to safeguard its own proprietary data, but in no event less than reasonable care. The provisions of this Section shall survive for three (3) years beyond the expiration, non-renewal, or termination of this Agreement.

The Program does not grant any license under any patents or other intellectual property rights owned or controlled by or licensed to FULL HOSTING SOLUTIONS. AFFILIATES shall not have any right to manufacture FULL HOSTING SOLUTIONS services.

Compliance with Laws

AFFILIATE agrees to comply with all laws and regulations that are applicable to the business that AFFILIATE transacts. AFFILIATE agrees to indemnify and hold FULL HOSTING SOLUTIONS harmless for all liability or damages caused by AFFILIATE's failure to comply with the terms of this provision.

Miscellaneous

Notices under this Agreement must be sent by telegram, telecopy, registered or certified mail, or e-mail if receipt of the e-mail is acknowledged to the appropriate party at its location submitted during the AFFILIATE application (or to a new address if the other has been properly notified of the change). A notice will not be effective until the addressee actually receives it.

This Policy and its schedules represent the entire agreement between the parties regarding this subject. This Policy supersedes all previous oral or written communications between the parties regarding the subject, and it may not be modified or waived except in writing and signed by an officer or other authorized representative of each party. Neither party will be liable to the other for any delay or failure to perform if that delay or failure results from a cause beyond its reasonable control. If any provision is held invalid, all other provisions shall remain valid, unless such invalidity would frustrate the purpose of this Agreement. Mexican law governs this Agreement without consideration of that body of law referred to as “conflicts of laws”. FULL HOSTING SOLUTIONS and AFFILIATE will attempt to settle any claim or controversy arising out of it through consultation and negotiation in good faith and a spirit of mutual cooperation. Any dispute which cannot be resolved through negotiation or mediation may be submitted to the courts of appropriate jurisdiction.

In case of any questions regarding this Policy please contact us at info@fullhostingsolutions.com.