Terms & Conditions

1. TERMS AND CONDITIONS

IMPORTANT – PLEASE READ CAREFULLY: This Affiliate Terms of Service (TOS) is a legal agreement between you and KAMATERA Inc. for participation in the KAMATERA Inc. Affiliate Program, as managed by KAMATERA Inc.’s internal program (“Agreement”).

By registering for and participating in our program, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not sign up or participate in the program. If you are already a KAMATERA Inc. affiliate and do not fully agree with this Agreement, you must immediately cease all use of KAMATERA Inc.’s affiliate materials and remove any affiliate links to the KAMATERA Inc. Website and VPSserver.com Website.

If you are accepted into our affiliate program but your site is later determined (at our sole discretion) to be unsuitable based on the criteria below, we reserve the right to terminate this Agreement:

• Promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Promotion of sexually explicit, pornographic, or obscene content (whether in text or graphics).
• Promotion of illegal activities.
• Promotion of content that is unlawful, harmful, threatening, defamatory, obscene, harassing, or racially/ethnically objectionable.
• Promotion of content related to liquor, tobacco, firearms, drugs, gambling, crime, or death.
• Promotion of any unlawful behavior or conduct.
• Use of auto-traffic generators or traffic exchanges.
• Any other material deemed inappropriate or offensive by KAMATERA Inc.

2. CHANGES

KAMATERA Inc. reserves the right to modify this Agreement at any time, at its sole discretion. Continued participation in the affiliate program constitutes acceptance of all changes made to this Agreement.

3. COMMISSIONS

Affiliates earn commissions based on the number of sales they generate each month, as follows:

• All new accounts are subject to an approval period of up to 30 days.
• All sales must originate from the affiliate’s unique tracking URL. The tracking URL we provide must not be altered. It is unique to each affiliate, and any modifications may result in inaccurate tracking and uncredited commissions. Please test your tracking URL each time you use it. KAMATERA Inc. will not be responsible for, nor provide credit for, sales that do not have the correct tracking URL attached.
• Affiliate-generated sales that do not meet these requirements will not be eligible for commission credit.

KAMATERA Inc. reserves the sole discretion to determine whether an affiliate sale is legitimate. We may deny commissions or performance tier increases for reasons including, but not limited to:

• Poor quality affiliate traffic,
• Low conversion rates,
• Low sale cost,
• High cancellation rates,
• Low renewal rates.

We reserve the right to issue chargebacks or deny commissions for sales with unusually high or accelerated cancellation rates. Additionally, we may adjust commission rates below our base rate for performance-related reasons.

4. PAYMENT

Commissions are paid once affiliates reach a $100 commission balance. Balances that have not yet reached $100 will roll over to the next month until the minimum is met.

Commissions are processed on or around the 15th of each month and are paid via PayPal, Stripe, or Wire Transfer. Payments will be issued to the PayPal account provided in your affiliate account. All funds are paid in U.S. dollars.

A corresponding W-8 or W-9 form must be on file with us before any payment is released. The completed form must be submitted by the 14th of the month to ensure payment on the 15th. Digitally signed W-8 or W-9 forms will not be accepted—all forms must have a physical signature. KAMATERA Inc. reserves the right to reject a W-8 or W-9 form if it is deemed incorrect or incomplete.

5. AFFILIATE RESTRICTIONS

The following restrictions apply to all affiliates. Failure to comply with these terms will result in termination of this Agreement, removal from the affiliate program, and cancellation of any unpaid commissions. KAMATERA Inc. reserves the sole discretion to determine if a violation has occurred.

• Affiliates may not use their affiliate link for self-referring accounts or personal use.
• Cookie stuffing is strictly prohibited and will result in immediate termination.
• Use of browser extensions to set affiliate IDs or refer traffic to KAMATERA or VPSserver.com  sites is not allowed.
• Affiliates may not use traffic exchanges or incentive offers to generate commissions.
• Affiliates cannot earn commissions on their own purchases.
• Affiliates are prohibited from misleading representations, whether expressed or implied, that make it appear as though visitors are on the KAMATERA or VPSserver.com site.
• Spam or any form of unsolicited email marketing is strictly forbidden.
• Affiliates may not promote KAMATERA or VPSserver.com. via browser add-ons or toolbars.
• Affiliates may not engage in relationships with ISPs or mobile carriers that result in address bar keyword or URL trafficking.
• Affiliates may not promote KAMATERA/VPSserver.com on websites primarily focused on distributing coupon or promotional codes.
• Exclusive offers negotiated outside the affiliate program may not be promoted.
• Affiliates may not target audiences that, at our discretion, use KAMATERA/VPSserver.com for short-term purposes (e.g., free trials, classroom settings, or signups purely for incentives). Affiliates engaging in these practices will be removed and forfeit commissions. Affiliates are expected to deliver long-term customers.
• Affiliate networks of any kind must obtain explicit written permission from the affiliate manager before signing up.

Keyword Bidding and SEO Restrictions

• Affiliates may not use the keywords “coupons,” “discounts,” or similar terms in SEO, page titles, or meta titles without prior permission, even if promoting a custom code.
• Whether an affiliate is classified as a coupon affiliate is determined at KAMATERA Inc.’s sole discretion. A site may be classified as a coupon site if it primarily focuses on deals rather than product features.
• Affiliates ARE allowed to bid on keywords, but trademark terms are restricted, including:
  
  • “KAMATERA Inc.”
  • “KAMATERA”
  • “KAMATERA.com”
  • “VPSserver.com”
    

6. ANTI-SPAM POLICY

KAMATERA Inc. has a zero-tolerance policy for unsolicited email messages (spam) and will prosecute violators to the fullest extent of the law. By agreeing to this Agreement, you also agree to comply with the following terms:

a) Emails promoting KAMATERA and its brands. must not contain falsified sender domain names or falsified IP addresses.

b) Emails promoting KAMATERA and its brand advertisements must not be routed or relayed through unauthorized servers.

c) Emails promoting KAMATERA and its brands advertisements must not contain false or misleading subject lines intended to disguise or conceal the email’s content.

d) All emails must include valid and responsive contact information for the sender, list manager, or list owner, including a physical address.

e) Emails promoting KAMATERA/VPSserver.com. must not be sent for the purpose of harvesting email addresses for future unsolicited emails.

f) Emails promoting KAMATERA/VPSserver.com must only be sent to recipients who have given affirmative consent as defined in Section 3.1 of the CAN-SPAM Act of 2003 (viewable at GPOAccess.gov). This law is incorporated by reference into this Agreement.

g) Every email promoting KAMATERA/VPSserver.com advertisements must contain a functioning return email address or an alternative opt-out mechanism that allows recipients to unsubscribe from future emails.

h) All opt-out requests must be processed within five (5) business days of the request.

i) Unless explicitly authorized in writing by KAMATERA Inc., you may not use KAMATERA Inc.’s name, trademarks, trade names, service marks, logos, or any other identifying information in the sender or return email address, email header, or subject line. Additionally, all email transmissions must clearly state in both the “From” and “Re:” fields that the email is being sent by you on behalf of your users.

j) You agree to comply with all regulations set forth in the CAN-SPAM Act of 2003, as well as all other applicable obligations outlined in this Agreement.

7. FTC BLOGGING GUIDELINES

We strongly advise affiliates to remain compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements.

All endorsements, reviews, and testimonials regarding KAMATERA Inc.’s products and services—as well as relationships with other types of content websites (e.g., forums, blogs, microblogs, and social media channels)—must be clearly disclosed in a separate policy on affiliate sites.

The FTC requires that if there is a connection between an endorser and the seller of an advertised product, this relationship must be fully disclosed. The FTC considers this an endorser-sponsor relationship and believes that users have the right to be aware of this connection. (FTC Endorsement Guidelines).

We share this commitment to transparency and strongly encourage affiliates to adhere to FTC regulations. Failure to comply may result in termination from the affiliate program.

8. DISCLAIMER

KAMATERA Inc. makes no express or implied warranties regarding its affiliate program or an affiliate’s potential to earn income.

We do not guarantee that our website or the affiliate program will be uninterrupted or error-free, and we will not be liable for any consequences arising from service interruptions or server downtime.

9. LIMITATIONS OF LIABILITY

KAMATERA Inc. shall not be liable to you under any contract, negligence, tort, strict liability, or other legal or equitable theory for any indirect, incidental, consequential, special, or exemplary damages. This includes, but is not limited to, loss of revenue, goodwill, anticipated profits, or lost business, even if we have been advised of the possibility of such damages.

Furthermore, notwithstanding anything to the contrary in this Agreement, in no event shall KAMATERA Inc.’s total cumulative liability to you—whether arising from contract, negligence, strict liability, tort, or any other legal or equitable theory—exceed the total commission fees paid to you under this Agreement.

10. INDEMNIFICATION

You agree to indemnify and hold harmless KAMATERA Inc., along with its subsidiaries, affiliates, 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) (hereinafter referred to as “Losses”).

This indemnification applies insofar as such Losses (or actions related thereto) arise from or are based on:

1. Any claim that our use of your affiliate trademarks infringes on a trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of a third party.
2. Any misrepresentation, breach of warranty, breach of a covenant, or violation of this Agreement by you.
3. Any claim related to your site, including but not limited to content that is not attributable to KAMATERA Inc.

11. CONFIDENTIALITY

All confidential information, including but not limited to business, technical, financial, and customer information, disclosed by one party to the other during negotiations or the term of this Agreement, and which is marked “Confidential” or should reasonably be understood as confidential under the circumstances, shall remain the sole property of the disclosing party.

Each party agrees to maintain confidentiality and shall not use or disclose such proprietary information without the express written permission of the disclosing party.

12. MISCELLANEOUS

12.1. You agree that you are an independent contractor, and nothing in this Agreement shall create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and KAMATERA Inc. You have no authority to make or accept offers or representations on our behalf. You shall not make any statements—whether on your site or elsewhere—that contradict any terms of this Agreement.

12.2. Neither party may assign its rights or obligations under this Agreement, except to a party that acquires all or substantially all of its business or assets.

12.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Michigan, without regard to conflict of law principles.

12.4. No provision of this Agreement may be amended or waived unless in writing and signed by both parties.

12.5. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and communications, whether oral or written.

12.6. Section headings in this Agreement are included for convenience only and shall not affect the interpretation of any terms.

12.7. If any provision of this Agreement is found to be invalid or unenforceable, it shall be eliminated or limited to the minimum extent necessary to preserve the intent of the Agreement. The remaining provisions shall remain in full force and effect.