InterCultural Communications (dba TFWPH) Affiliate Program Terms and Conditions
Updated on: September 30, 2020
We don’t have a sales team because you are our sales team. Thank you for choosing TFWPH (InterCultural Communications Inc.).
The TFWPH Affiliate Program is a partnership that extends beyond just signing a new hosting client. We expect Affiliates to help ensure that our customers stay with us by supporting our mutual client, and we reward you for this help via our 15% Forever Program. As an Affiliate, you also should help ensure that we provide the best service possible by communicating with the clients you have referred to us and sharing both positive and negative experiences they have had with us.
You are acknowledging that you agree to all of the Terms and Conditions listed below by registering for the Affiliate Program. Please read these terms and conditions carefully.
1. Summary & Introduction
- These Affiliate Program Terms and Conditions are a legal agreement between (a) the affiliate program participant (the “Affiliate”, “you”, or “your”), and (b) TFWPH (InterCultural Communications Inc.) (“ICC,” “we,” “us,” or “our”), the owner and operator of managed WordPress hosting services, software, maintenance and support and other related applications, services, etc. (collectively, “TFWPH” or “Services”).
- You represent that you have the full power and authority to enter into and perform these Terms. If you are joining on behalf of an organization you are fully authorized to accept these Terms on behalf of said organization..
- Updates to the Terms. We reserve the right to make changes to Terms at any time at our sole discretion, providing notice of such changes by revising the date at the top of these Terms. Your continued participation in the Program will constitute your acceptance of such changes. It is your responsibility to periodically review and check for updates in the Terms.
2. Relationship of Parties
The relationship between you and ICC is solely that of independent contracting parties. Nothing in this Agreement creates any agency, joint venture, partnership, franchise, or other form of joint enterprise, employment, or fiduciary relationship between us. Neither ICC nor you have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement, or undertaking with any third party.
3. Eligibility and Registration
- Must be at least eighteen (18) years of age to register for a Program account (an “Account”) and be considered a legal adult in the region where you reside.
- You are not eligible if:
- you are subject to economic or other sanctions by the United States, European Union, United Nations, or any other government or international body.
- 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 Iran, Syria, Cuba, and North Korea
- All participants are required to:
- provide accurate, truthful, current, and complete information;
- update personal/organizational information upon any changes;
- secure their own account by protecting their password and restricting access
- promptly notify TFWPH if you discover or suspect any security breaches or unauthorized access related to your Account, the Services, or the Program
- take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account.
- 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.
- We may approve or deny any application for membership in the Program for any reason.
4. Affiliate Responsibilities & Restrictions
- Affiliate will comply with all applicable local, state, national, and international laws and regulations, including, but not limited to, consumer protection, advertising, anti-bribery, export-control, and data privacy laws.
- Affiliate agrees to promptly assist ICC in complying with any applicable laws, including data subject requests that ICC may receive from any individuals referred to ICC by Affiliate. Affiliate further agrees to promptly assist ICC in complying with any duties to cooperate with supervisory authorities under applicable data protection laws.
- Affiliate will only refer potential customers to ICC who (a) have provided valid contact information; (b) are not bots, fake, illegitimate, or otherwise fraudulent; and (c) meet the eligibility requirements set in ICC’s Terms of Service
- Affiliate Advertising
- Subject to the restrictions set forth in these Terms, Affiliate is responsible for the content, communications, and materials, including the form and format thereof, used by the Affiliate to promote ICC or the Services in connection with the Program (“Promotional Content”). Affiliate will not modify, change, customize, copy, or imitate any of ICC’s Property (defined below), including ICC’s trademarks, logos, banners, and graphics, when using any of ICC’s Property in or as part of the Promotional Content. Authorized versions of ICC’s Property that may be used in Promotional
- Affiliate will promptly comply with ICC’s instructions to modify or remove Promotional Content.
- Promotional Content will include a disclosure that Affiliate is a member of the Program and has a marketing relationship with ICC. Affiliate will not conceal its relationship with ICC or obscure its participation in the Program in any way; nor will Affiliate represent or imply that it is a ICC partner, employee, or other representative of ICC.
- Affiliate Code of Conduct: Affiliate will abide by the highest standards of ethics and professionalism. Without limiting the generality of the foregoing, Affiliate and/or your Promotional Content will not, in connection with the Program:
- Misrepresent the Services in any way, including its prices, plans, discounts, or functionality;
- Offer or provide any warranties, guarantees, incentives, rewards, or indemnities, except as set forth in our Terms of Service or approved in writing by ICC;
- Disparage ICC and its representatives, the Services, or the Program;
- Use any illegal or spam method of advertising;
- Compete or interfere with ICC’s direct advertising efforts. From time to time ICC may opt to engage in direct online advertising. The Affiliate will not place advertisements targeting ICC’s trademarks and service marks or place advertisements that in any way advertise or display ICC’s trademarks or service marks. This means, among other things, that the Affiliate will 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 ICC trademarks, service marks, registered trademarks, or registered URLs, or on any variations, abbreviations, or misspellings of the same.
- Refer traffic to ICC through any pay to read, pay to click, banner exchanges, click exchanges, PPC advertising, pop-up/under, or similar methods. Referrals must be made from the Affiliate Websites;
- Using iframes or any other techniques or technology to add the Affiliates tracking cookie to a referral by any means other than an actual click-through;
- Using link cloaking, or masking techniques or technology, with the goal of promoting ICC on websites and/or networks not explicitly mentioned in your Account;
- Display ICC,, ICC’s logos or trade names, or any variation, abbreviation, or misspelling thereof in any URL, domain name, social media profile, or any other online or offline presence.
- Place links to ICC or refer to ICC in any way on coupon websites;
- Engage in incentivized programs or business-opportunity sites;
- Self-refer or refer yourself in any fashion. This includes referral of any operation or website in which the Affiliate has a controlling, proprietary, or equitable interest. Any referral where payment is made utilizing a form of payment controlled by or belonging to the Affiliate will be considered a violation of these Terms.
- Affiliate Media Requirements: Affiliate’s media from which the Affiliate promotes ICC and the TFWPH, includes websites, podcasts, videos, images, ads, etc. (collectively, the “Affiliate Media”) will not:
- violate or promote the violation of any law.
- promote violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
- infringe upon or violate any patent, copyright, trademark, trade secret, confidentiality, or privacy right, or intellectual property right.
- be defamatory, fraudulent, false, misleading, or deceptive.
- directly or indirectly make use of any unethical marketing practices, including but not limited to phishing attempts, chain letters, pyramid schemes, or unsolicited email campaigns (spam).
- Incorporate directly or indirectly any adult-themed materials, including pornographic or obscene themes or imagery.
- Affiliate is fully responsible for and retains all rights and ownership of Affiliate Media. ICC has no obligation to review, monitor, validate, correct, or update Affiliate Websites in any way. Affiliate agrees to never hold ICC liability arising from the Affiliate Websites.
- We welcome questions, comments, suggestions, and ideas about ICC and our Program (“Submissions”). If you provide a Submission, whether by email or otherwise, you agree that it is non-confidential (unless we state otherwise in writing) and will become the sole property of ICC.
- ICC will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise. You agree that ICC is not obligated to provide acknowledgment or compensation to you in exchange for Submissions.
- ICC reserves the right to request from the Affiliate information, documents, data, personnel, and other materials regarding the Affiliate Websites and Promotional Content. The Affiliate is required to provide complete, accurate, truthful, and detailed information to ICC upon request.
5. Referral Commissions
- Affiliate will place a hyperlink on the applicable Affiliate Media, in a format acquired from ICC, which redirects a potential customer to the TFWPH website (the “Affiliate Link”). A “Referred Customer” is a potential ICC customer who clicks an Affiliate Link, registers for a TFWPH account, and purchases a service plan.
- ICC 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.
- Affiliate is eligible for referral payments from ICC (“Commission”) when all the following conditions are met:
- the Referred Customer has never previously been a customer of ICC;
- the ICC has received payment for services from the Referred Customer (the “Service Fee”);
- the Affiliate’s Account is active and in good standing at the time the Referred Customer pays its Fees to ICC
- Affiliate has provided to ICC any tax documents requested by ICC.
- Commissions are calculated based on the total Fees paid by the Referred Customer, after deduction of all fees incurred by ICC, including taxes (such as value added tax, sales tax, goods and services tax, etc.), levies or duties, and any discounts provided to said Referred Customer. Overage payments, one-time fees or additional subscriptions will not be eligible for Commissions.
- Should it become necessary to refund fees previously collected to a Referred Customer for any reason after the Commission has already been paid to Affiliate, then ICC will deduct the appropriate amount from Affiliate’s future Commissions.
- Commissions will only be paid to one (1) Affiliate for each Referred Customer. If there is a dispute as to which Affiliate should receive Commission, ICC will make a determination as to which Affiliate is to receive the Commission. This decision will be made completely at ICC’s discretion and all decisions made by ICC in this matter will be final.
- When a potential customer clicks on an Affiliate Link and is brought to the TFWPH website, a tracking cookie will be stored by the web browser used by the potential ICC customer. The tracking cookie will have a validity of 90 days. If the potential ICC customer clicks on a different Affiliate Link while using the same web browser during those 90 days, no new cookie will replace the original cookie.
- After 90 days have passed the original cookie will expire. At this point if a potential customer clicks on another Affiliate Link, then a new cookie will be placed in their browser.
- Tracking cookies are stored to individual web browsers. If a potential ICC customer clicks on different Affiliate Links using multiple web browsers, then each web browser will store a tracking cookie associated with the Affiliate Link that was accessed within that web browser. In this case, the browser that the Referred Customer uses to register will inevitably determine who receives the Commission.
- ICC is not responsible when tracking cookies that have been deleted, whether intentionally or unintentionally. No Commission will be paid for tracking errors of any kind. This includes but is not limited to any tracking errors caused by Affiliate’s editing, masking, or tampering with an Affiliate LInk.
- Commissions are paid via PayPal or another payment method selected by ICC. Affiliate is responsible for any transaction fees charged by PayPal or any other payment provider.
- Commissions will be paid only when the balance of all Commissions due is more than $200.00.
- ICC is not responsible for lost, stolen, or misdirected Commission payments.
- ICC will not withhold any taxes of any kind from Commissions. You are solely responsible for all tax obligations incurred in your local jurisdiction and to all taxing authorities arising from your participation in our Program.
- ICC may change the amounts paid out in commission and the method of calculating referral payment at its sole discretion.
- Affiliate may terminate this Agreement at any time by providing written notice to ICC
- At any time and at its complete discretion, ICC may terminate the Program, this Agreement, and/or your Account without formal notice (both 1 & 2 are considered “Termination”).
- Upon Termination:
- Affiliate will
- immediately cease all use of ICC’s Property, including ICC’s logos, marks, banners, images, content, trademarks, and software.
- remove and return or destroy all Promotional Content.
- ICC will have no further obligations to Affiliate under this Agreement, including the payment of any pending or prior earned Commissions.
- Affiliate will
- Giving proper effect to its intent, upon termination or suspension of these Terms or the Program, any provision that should survive the termination/suspension will survive such termination/suspension of these Terms or the Program, including, but not limited to all of the sections that follow.
7. Property Rights
- The Services and the Program, and all proprietary rights related thereto, are the sole and exclusive property of ICC. All rights, title, and interest in and to the Services and the Program, including but not limited to:
- All servers, video or audio productions, artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code, applications, including designs, animations, documentation, derivatives and interpretations thereof, the look, feel, and arrangement of the Services and the Program,
- All methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and
- All methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivations thereof (collectively, “ICC’s Property”) are owned by and/or licensed to ICC.
- Affiliate will not assert any claim or ownership of ICC’s Property and will not take any action or permit any action to be taken on their behalf of the rights in ICC’s Property, either during the term of this Agreement or thereafter.
Information provided to Affiliate regarding ICC’s business, customers, vendors, software, technology, or financial condition, or any other information designated as confidential by ICC (“Confidential Information”) is a valuable asset shared in confidence. Affiliate and any employees or subcontractors of Affiliate will not disclose, divulge, or reveal Confidential Information provided to or acquired by Affiliate, 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 ICC.
9. Limitation Of Liability
ICC and its owners, directors, officers, employees, agents, contractors, affiliates, suppliers, and licensors, as well as any other party involved in creating, producing, or delivering the services or program ARE NOT LIABLE for any indirect, special, exemplary, consequential, or other damages, including lost revenue or profits, whether based on warranty, contract, tort (including negligence), or any other legal premise, whether or not ICC 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 ICC’s total liability arising out of or in connection with the TERMS exceed the amount of Affiliate’s 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 Affiliate and ICC.
Affiliate agrees to defend, indemnify, and hold harmless ICC (and every ICC owner, officer, director, employee, agent, contractor, licensor, and affiliate; collectively the “ICC Indemnitees”) from and against any losses, costs, expenses, damages, injuries, and/or liability of any sort, including legal fees, that a ICC Indemnitee may incur or suffer as a result of any claims, suits, proceedings, or investigations asserted or commenced by any third party, which arise out of or are in any way connected with”
- Affiliate Media or Promotional Content
- participation in the Program
- breach or alleged breach of these Terms
- Affiliate violation or alleged violation of any law or the rights of another
We reserve the right to control any action or proceeding at our sole discretion, including selection of counsel, and determine whether we wish to settle and on what terms, in which case you will cooperate with us in asserting any available defense.
11. Dispute Resolution
- Please read this section carefully as it requires you to arbitrate disputes with ICC and limits the manner in which you can seek relief.
- In the event of a dispute, we want to address your concerns without resorting to a formal legal case. Before filing a formal legal claim against ICC, please contact us via email and we will attempt to come to a mutually beneficial resolution. If dispute is not resolved within 15 days after submission, you or ICC may bring a formal proceeding as set forth in this section.
- Any dispute, controversy, or claim arising out of or relating to the Program or these Terms, or the breach thereof, will be exclusively settled by mediation administered by the International Chamber of Commerce (a completely different organization from ICC despite the common acronym) in accordance with its Mediation Rules, and judgment on the award rendered by the mediator may be entered in any court having jurisdiction thereof; Affiliate will be responsible for paying the necessary filing fees. This is provided, however, that you and ICC are not required to mediate any dispute in which either party seeks equitable or injunctive relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, patents, or other confidential information or intellectual property.
- You and ICC agree that in-person mediation, if necessary, will occur in the Seoul metropolitan area in the Republic of Korea and that mediation will be conducted confidentially by a single mediator.
- If for any reason this agreement to arbitrate does not apply to the dispute, you and ICC agree that any judicial proceeding, including any appeal of an arbitration award, will be brought exclusively in the courts located in Seoul, Republic of Korea. Both you and ICC exclusively consent to venue and personal jurisdiction in Seoul, Republic of Korea, and we both agree to waive our right to a jury trial.
- The Terms and the resolution of any disputes will be governed by and construed in accordance with the laws of the Republic of Korea without regard to a conflict of law principles.
- Whether the dispute is heard in arbitration or in court, you waive any right to commence a class action, class arbitration, or other representative action or proceeding.
12. Adjunct Terms
- You may not assign any of your rights or obligations under these Terms without prior written consent from ICC. ICC may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
- Our failure or delay in exercising any right, power, or privilege under these Terms does not represent and will not be considered a waiver thereof.
- The invalidity or unenforceability of any of these Terms will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect.