Updated : February 10, 2022
Our affiliates are of paramount importance for us. For better understanding and clarity, we have created following Affiliate Terms and Conditions Agreement. PLEASE READ THESE AFFILIATE PROGRAM TERMS AND CONDITIONS CAREFULLY. By registering for the MGCSpace Affiliate Program ("Program"), you agree to these Terms and Conditions. If you do not accept these Terms and Conditions, do not register for the Program.
1.1. This Affiliate Program Agreement (also "Agreement", "Affiliate Agreement", "Terms and Conditions", "Affiliate Terms and Conditions", ) is entered into by and between "MGCyber Tech Creations", for its Brand "MGCSpace" (hereafter referred to as "MGCSpace" or "MGCSpace.com") and you (also "You", “Affiliate Partner", "Affiliate", "Partner"), regarding your application to and participation in, the MGCSpace Affiliate Program (the "Affiliate Program"). Additionally, when the terms "the Site" or "Site" are used, these terms refer to any site published by Us, unless a site is specifically exempt from this policy.
1.2. This Agreement sets forth the terms and conditions of your use of the Affiliate Program (the "Affiliate Program" or the "Services"). Your sign-up or joining for MGCSpace Affiliate Program denote that you have read, understood, acknowledged and agreed to be bound by this Agreement, along with MGCSpace General Terms of Services, which is incorporated herein by reference. The terms "we", "us" or "our" shall refer to MGCSpace. The terms "you", "your", "User", "customer" or "Affiliate" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1.3. MGCSpace, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the MGCSpace website (this "Site"). You acknowledge and agree that (i) MGCSpace may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the "Updated" date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. Please periodically review these Terms and check for any updates.
2.1. Joining the MGCSpace affiliate program requires you to provide some of your basic details necessary to create and maintain your affiliate account with us. To begin the enrollment process, you must submit a completed Affiliate Program Signup Form. The Signup Form can be found at Affiliate Sign-up page.
2.2 Your application will be reviewed and we may reject or accept it with or without informing you. We may reject your application if we determine (in our sole discretion) that your website is not suitable for the Affiliate Program for any reason, including, but not limited to, its inclusion of content that is, in our opinion, unlawful or otherwise violates our Acceptable Use Policy. On rejection, you will have no legal recourse against MGCSpace.
As a MGCSpace affiliate, you shall abide by certain responsibilities and code conduct including but not limited to :
3.1. It is your full responsibility to provide us with accurate account information and it is your responsibility to keep that information up to date. Such information includes, but is not limited to: contact details, payment details, tax information, all website URL(s) where MGCSpace is promoted, promotional means and practices and any other details we may request. MGCSpace reserves the right to request any additional information about each website, where MGCSpace is promoted and any additional information about the practices used to promote MGCSpace 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.
3.2. The Affiliate must act in good faith and refer clients in good standing. Clients in good standing are your referred web hosting account owners that have provided valid contact information, have active accounts that do not exceed any limitations as per the MGCSpace Terms of Service and are not flagged for high fraud risk. Active account refers to your referred new users who have created an account and have not canceled it in more than 60 days.
3.3. Affiliate shall comply with all applicable local, state, national, and international laws and regulations.
3.4. Affiliate agrees to promptly assist MGCSpace in complying with any applicable laws, including data subject requests that MGCSpace may receive from any individuals referred to MGCSpace by Affiliate. Affiliate further agrees to promptly assist MGCSpace in complying with any duties to cooperate with supervisory authorities under applicable data protection laws.
3.4. You should not make any recommendations or take any actions that would result in a potential revenue loss for MGCSpace.
3.5. 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 MGCSpace's Links including but not limited to altering and modifying any copyright or trademark notices, without prior written approval from MGCSpace.
3.6. 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. This includes referral of any operation or website in which the Affiliate has a controlling, proprietary, or equitable interest. 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.
3.7. The Affiliate should not engage in any cloacking / masking other technology to promote MGCSpace affiliate on unauthorised plateform and mediums as explained in this agreement. Must also not use any blackhat SEO/spam link building techniques in order to generate more referrals for MGCSpace.
3.8. While participating in program, you should not involve, assist or encourage others in malicious activities including but not limited to tempering or accessing off-public area of MGCSpace and its service(s), try to reverse engineer, modify, decompile, disassemble, tamper with, or attempt to derive the source code of any part of the Service(s), interrupt, damage, destroy, or limit the functionality of the Service(s) OR host, upload, or in any way transmit malware, viruses, or any other malicious code or activity. Affiliates shall cooperate with MGCSpace to promptly isolate, mitigate, and eliminate any Malicious Activity and take appropriate corrective action.
3.9. Not to advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity.
If MGCSpace suspects or detects patterns of violations of the Affiliate Program Agreement, MGCSpace reserves the right, as a result of Program Agreement violation, to suspend and/or terminate your Affiliate account and cancel all Commission payments due.
Affiliate shall abide by the highest standards of ethics and professionalism. Affiliate and/or your promotional content must adhere certain rules but including but not limited to :
4.1. Affiliate must not offer or provide any warranties, guarantees, incentives, rewards, or indemnities, except as set forth in the MGCSpace Terms of Service or approved in writing by MGCSpace.
4.2. Affiliate must not misrepresent the Service(s) of MGCSpace in any way, including its prices, plans, discounts, or functionality.
4.3. MGCSpace Affiliate program require that material connections between advertisers and endorsers be disclosed. This means that all affiliate websites (e.g. directories, review/rating sites, blogs and other websites) and any email or collateral that provide an endorsement or assessment of MGCSpace, , must prominently disclose the fact that you may receive compensation for referring customers to MGCSpace.
4.4. Affiliate must not show contempt for MGCSpace and its representatives, the Services, or the Program
4.5. Affiliate 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.
4.6. Affiliate must not use any illegal or spam method of advertising including but not limited to as described in section 5 of this agreement.
4.7. Affiliate must not compete or interfere with MGCSpace's direct advertising efforts. From time to time MGCSpace may opt to engage in direct online advertising. The Affiliate shall not place advertisements targeting MGCSpace's trademarks and service marks or place advertisements that in any way advertise or display MGCSpace's trademarks or service marks. This means, among other things, that the Affiliate shall not bid (in regards to online advertising, including but not limited to Pay per Click or Pay per Impression campaigns) on any keywords or phrases containing MGCSpace trademarks, service marks, registered trademarks, or registered URLs, or on any variations, abbreviations, or misspellings of the same.
4.8. Affiliate is forbid to display MGCSpace.com, "MGCSpace", MGCSpace's logos or trade names, or any variation, abbreviation, or misspelling thereof in any domain or subdomain name, social media profile, or as part of the name or description of any other online or offline presence. For the purpose of ensuring clarity, it is acceptable for "MGCSpace" to appear in the path portion of a URL of a page on an Affiliate Website. For example, "affiliate-website-domain[.]com[/]MGCSpace-review" is acceptable (including "MGCSpace" in the path portion of the URL), but “MGCSpace-review-site[.]com” is not acceptable (including "MGCSpace" in the domain).
4.9. You as affiliate must not promote non-existing MGCSpace discounts, or refer to any discount offered by MGCSpace on an ongoing basis as coupon codes, deals, seasonal discounts, or exclusive discounts.
4.10. Affiliate can not include or promote MGCSpace as part of any incentivized programs or any other third-party schemes where special incentives (e.g., rewards, discounts, cashback, etc.) are offered in order to attract and retain customers.
Affiliates are expected to maintain highest level ethics while participating in the Program, we do no tolerate the sending of unsolicited email messages and will take appropriate action against violators to the fullest extent of the law. By agreeing to the terms and conditions of this agreement, you also agree to the following.
6.1. Once an affiliate is accepted in the Program , one time joining bonus of 13.30 USD is added into the affiliate account, this bonus can be requested with payout by the affiliates once his/her total accumulated commission reaches 53.20 USD adhering section 7 of the agreement.
6.2. Affiliate referrals shall be made by way of a hyperlink which is presented to a potential MGCSpace customer in a format approved by MGCSpace (“Affiliate Link”). A potential MGCSpace customer shall become a “Referred Customer” when they click on an Affiliate Link, register a MGCSpace account and subscribe to an eligible service plan. Affiliates may present an Affiliate Link to a potential MGCSpace customer using one of the following referral mechanisms:
6.3. MGCSpace reserves the right in its sole discretion to deactivate and remove Referred Customers from the Program which have failed to maintain an active Service plan or otherwise violate the Terms of Service.
6.4. Affiliate is eligible for one-time and/or recurring referral payments from MGCSpace (“Commission”) upon the following conditions:
6.5. Products eligible for Affiliate Commission are :
6.6. The amount of and methodology of calculating Commissions are determined, and subject to change by, MGCSpace in its sole discretion. Commission amounts and methodology, and updates thereto, are as follows:.
6.6.1. Commission for Yearly and longer plans : If referred customer purchases an eligible service(s) for 1 year or longer duration, then there is fixed one time commission given instantly (payout as per section 7 of this agreement) as well recurring monthly commission is provided which starts after completion of 1 year of that service(s) with us.
Commission for yearly service(s) subscription
| Product | One time Commission | Recurring Comission (monthly) |
|---|---|---|
| Beginner / cPanel Premium Beginner | 2.66 USD | 5% post Ist year |
| Advance / cPanel Premium Advance | 3.99 USD | 5% post Ist year |
| Pro / cPanel Premium Pro | 5.32 USD | 5% post Ist year |
| Expert / cPanel Premium Expert | 6.65 USD | 5% post Ist year |
| Reseller One | 3.99 USD | 5% post Ist year |
| Reseller Two | 6.65 USD | 5% post Ist year |
| Reseller Three | 13.30 USD | 5% post Ist year |
| Reseller Four | 26.60 USD | 5% post Ist year |
6.6.2. Commission for monthly plans : if referred customer purchases an eligible services on monthly payment basis, then monthly commission is provided from first month of service itself.
Commission for monthly service(s) subscription
| Product | First month commission | Recurring Commission (monthly) |
|---|---|---|
| Beginner / cPanel Premium Beginner | 10% | 5% post Ist month |
| Advance / cPanel Premium Advance | 10% | 5% post Ist month |
| Pro / cPanel Premium Pro | 10% | 5% post Ist month |
| Expert / cPanel Premium Expert | 10% | 5% post Ist month |
| Reseller One | 10% | 5% post Ist month |
| Reseller Two | 10% | 5% post Ist month |
| Reseller Three | 10% | 5% post Ist month |
| Reseller Four | 10% | 5% post Ist month |
6.7. Commissions are calculated based on the actual Fees paid by the Referred Customer, exclusive of any taxes (such as value added tax, sales tax, goods and services tax, etc.), levies or duties owed by the Referred Customer. If the Referred Customer has received a discount, the Commission is calculated from the discounted Fee. One-time or overage fees and add-on subscriptions shall not be considered in the calculation of Commissions. If any Fees are refunded to a Referred Customer for any reason, MGCSpace may setoff such amounts from Affiliate's future Commissions.
6.8. All commission rates given on this Affiliate Terms and Conditions page are for approximation purposes only. Actual payout rates may differ from the rates given on this page.
6.9. Commissions shall only be paid to one Affiliate for each Referred Customer. If there is a dispute as to which Affiliate should receive Commission, at its own discretion MGCSpace shall make a determination as to which Affiliate shall receive the Commission, and MGCSpace's decision in this matter shall be final.
7.1. Subject to the terms of this Agreement and the accumulation of commissions as set forth in Section 6 above, commissions will be calculated and will be presented as commission report in your Affiliate Dashboard for each Eligible Purchase that accrues during the period for which such commission fee is being calculated.
7.2. Commission payouts will be processed once on 15th of each month given that cooling period of 60 days is over, that in that period referred customers service(s) is active with us, has not downgraded, cancelled, chargedback or terminated (due to but not limited to violation of MGCSpace General Terms of Service) and total commission accumulated is equal to above payment withdrawal of 53.20 INR . MGCSpace will only compensate you for Eligible Purchases made in accordance with this Agreement.
7.3. MGCSpace reserves the right to withhold payment of initial Commissions to Affiliates who are new to the Affiliate Program, or who have commissions that are potentially fraudulent as determined by MGCSpace in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.
7.4. MGCSpace 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 by the Affiliate or a Referred Customer. MGCSpace reserves the right to deduct from Affiliate's current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and cancelled purchases. If no subsequent Commission Fee is due and owing, MGCSpace will send Affiliate a bill for the balance of such refunded purchase upon termination of the program or termination of the Referred Customer.
7.5. Commission Fees shall be paid based on the current information in your Affiliate profile. You are required to notify us immediately of any change in your address by updating your profile information and tax form in the Affiliate console. You are responsible for informing MGCSpace of your desired payment form/type. Please email [email protected] if you would like to update or change your desired payment method. Any changes to your desired payment method may take up to two payout cycles to take effect.
7.6. MGCSpace is not responsible for lost, stolen, or misdirected Commission payments. MGCSpace charges USD 25 / INR equivalent (approx. INR 1800) for reissue of commission payment in case of returned commission payout. The Affiliate must make any request to reissue a payment within sixty (60) days of the original issue date.
7.7. You are solely responsible for all tax obligations due to all taxing authorities arising from or in connection with your participation in our Program.
7.8. Affiliate commission is paid through Paypal for international affiliate partner and through bank transfer (NEFT / IMPS) for affiliate partner based in India. Its responsibility of affiliate to keep his / her payment method and bank details (where required) updated with us prior to requesting commission payout.
7.9. Affiliates are responsible for making sure they are able to accept payments. Please ensure that your bank or PayPal account can accept payments from Indian-based companies.
7.10. Affiliates are responsible for any and all fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive their referral fees. Please check with your local banking institution or PayPal to find out if any of these apply for your account.
7.11. MGCSpace, in its sole discretion, reserves the right to modify the available commission payment methods or payment schedule at any time. Such changes shall take effect when posted.
8.1. When a potential MGCSpace customer clicks on an Affiliate Link, a tracking cookie will be stored by the web browser used by the potential MGCSpace customer when they click on the Affiliate Link. The tracking cookie will have a validity of 180 days. During those 180 days if the potential MGCSpace customer clicks on a different Affiliate Link while using the same web browser, a new cookie will be placed and will overwrite the original cookie. After 180 days have passed since the last cookie was set, it will expire and a new cookie will be placed if the potential MGCSpace customer clicks on any Affiliate Link. Tracking cookies are stored by individual web browsers. If a potential MGCSpace customer clicks on different Affiliate Links using different web browsers each web browser will store a tracking cookie associated with the Affiliate Link that was accessed within that web browser. At signup, the Referred Customer will be assigned to the Affiliate whose Affiliate Link is identified by the tracking cookie stored by the web browser used by the Referred Customer to sign up.
8.2. MGCSpace 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.
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of MGCSpace's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of MGCSpace and the good will associated therewith will inure to the sole benefit of MGCSpace.
9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
10.1. MGCSpace may in 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 MGCSpace (collectively, “Termination”).
10.2. Upon Termination, (a) Affiliate shall (i) immediately cease all use of MGCSpace's Property, including MGCSpace's logos, marks, banners, images, content, trademarks, and software, (ii) remove and return or destroy all Promotional Content, and (b) MGCSpace shall have no further obligations to Affiliate under this Agreement, including the payment of any pending or prior earned Commissions.
10.3. Any Affiliate who violates this Agreement, MGCSpace's Terms and Conditions, or any applicable law will immediately forfeit any right to any and all accumulated commission, but not yet received, Commission Fees and will be immediately removed from the Affiliate Program.
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL MGCSPACE'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless MGCSpace, 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 site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
You understand that we may at any time (directly or indirectly) solicit MGCSpace 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 MGCSpace Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
16.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and MGCSpace. 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 Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
16.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
16.3. Any controversy, claim or dispute arising under this Affiliate Agreement will be resolved according to the jurisdiction and legislation where the MGCSpace entity servicing your Affiliate account is located.
16.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
16.5. Any controversy, claim or dispute arising under this Affiliate Agreement will be resolved according to the jurisdiction and legislation where the MGCSpace entity servicing your Affiliate account is located.
16.6. 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.
16.7. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
16.8. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.