Affiliate Agreement https://www.litespeedtech.com/images/logos/litespeed/litespeed-logo.png 2022-02-04 14:26:34 Our LiteSpeed affiliate agreement contains terms, services and conditions of the responsibilities for LiteSpeed and our users.

Affiliate Agreement

PLEASE READ THIS AGREEMENT IN ITS ENTIRETY, AND PRINT FOR YOUR RECORDS IF SO DESIRED.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND LITESPEED TECHNOLOGIES, INC. (AKA “LITESPEED”)

BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT

  1. YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT

  2. YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

1. Overview

This Agreement contains the complete terms and conditions that apply to your status as an affiliate in LiteSpeed's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the LiteSpeed web site.

Please note that throughout this Agreement, "we," "us," and "our" refer to LiteSpeed, and "you," "your," and "yours" refer to the affiliate.

2. Affiliate Obligations

2.1. you will complete and submit the online application on the LiteSpeed web site to begin the enrollment process. We may auto-approve your application, but that does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program. Your site is unsuitable if it:

2.1.1. Promotes sexually explicit materials

2.1.2. Promotes violence

2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

2.1.4. Promotes illegal activities

2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law

2.1.6. Includes "LiteSpeed" or variations or misspellings thereof in its domain name

2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.

2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.

2.1.9. Resembles our website in an explicitly or implied manner, or leads customers to believe you are LiteSpeed or any other affiliated business.

2.2. As a member of LiteSpeed's Affiliate Program, you will have access to the Affiliate interface in the LiteSpeed Client Area. Here you will be able to review our Program’s details, download HTML code and banner creatives which provide links to web pages within the LiteSpeed web site. In order for us to accurately keep track of all guest visits from your site to ours, and by extension your commision, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.

2.3. It will be your responsibility to update and maintain your site. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.

2.4. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.

3. LiteSpeed Rights and Obligations

3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify you further of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the LiteSpeed Affiliate Program.

3.2. LiteSpeed reserves the right to terminate this Agreement and your participation in the LiteSpeed Affiliate Program immediately and without notice to you should you commit fraud in your use of the LiteSpeed Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, LiteSpeed shall not be liable to you for any commissions for such fraudulent sales.

3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.

4. Termination

Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

5. Modification

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and LiteSpeed's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in LiteSpeed's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

6. Payment

At the time of order, your Pending Commissions Balance will increase by the amount of commission for the order, but it will be unavailable for withdrawal for 90 days to allow for customer cancellations.

In the event a customer requests a refund for a transaction for which you have earned commissions, any commissions earned on the refund amount will be deducted from your Pending Commissions Balance.

You may request a payment via PayPal when your Available to Withdraw Balance reaches a minimum balance of $100 USD, or a payment via LiteSpeed store credit when your Available to Withdraw Balance reaches a minimum balance of $50 USD. Payments can be requested every 30 days. Payment processing can take up to 30 days from the request date.

US Affiliates are required to fill out a W-9 form for tax reporting purposes.

7. Access to Affiliate Account Interface

If you do not have a LiteSpeed account, you can sign up on our site. You may enter LiteSpeed’s Affiliate interface in our secure Client Area. From this site you will be able to receive your reports that will describe our calculation of the commissions due to you.

8. Promotion Restrictions

8.1. You are free to promote your own web sites, but naturally any promotion that mentions LiteSpeed could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by LiteSpeed. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial mailing lists, message boards, and other online groups, and cross-posting to multiple online groups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote LiteSpeed so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to online groups to promote LiteSpeed so long as the group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from LiteSpeed. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the LiteSpeed Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

8.2. Affiliates that bid in their Pay-Per-Click campaigns on keywords such as LiteSpeed, LiteSpeed Technologies, www.litespeedtech, www.litespeedtech.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from LiteSpeed’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.

8.3. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited LiteSpeed’s site (i.e., no page from our site or any of LiteSpeed’s content or branding is visible on the end-user’s screen). As used herein, “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing pop ups or commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of the LiteSpeed site in iframes, hidden links and automatic pop ups that open LiteSpeed’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

9. Grant of Licenses

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 LiteSpeed's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of LiteSpeed and the good will associated therewith will inure to the sole benefit of LiteSpeed.

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. Disclaimer

LITESPEED MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING LITESPEED’S SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF LITESPEED’S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

11. Representations and Warranties

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.

12. Limitations of Liability

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 LITESPEED'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.

13. Indemnification

You hereby agree to indemnify and hold harmless LiteSpeed, 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.

14. Confidentiality

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.

15. Miscellaneous

15.1. 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 LiteSpeed. 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 otherwise, that reasonably would contradict anything in this Section.

15.2. 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.

15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the United States of America and the State of Wyoming without regard to the conflicts of laws and principles thereof.

15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

15.6. 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.

15.7. 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.

 

Privacy Policy

Privacy Policy

LiteSpeed Technologies, Inc. (aka “LiteSpeed”) is committed to protecting your privacy. This policy ("Privacy Policy" or "Policy") explains our practices for our site, www.litespeedtech.com ("Site"). You can visit most pages of the Site without giving us any information about yourself, but sometimes we do need information to provide services that you request. By using this Site or any products or services provided through the Site, you expressly consent to the use and disclosure of information as described in this Privacy Policy.

LiteSpeed reserves the right to revise, modify, add, or remove provisions to this Privacy Policy at any time. If we make changes to this Privacy Policy, we will update the Effective Date to note the date of such changes. LiteSpeed encourages you to review this Privacy Policy periodically for any changes. IF YOU DO NOT AGREE WITH ANY OF THE TERMS BELOW, YOU SHOULD NOT USE THIS SITE OR THE PRODUCTS OR SERVICES OFFERED BY LITESPEED TECHNOLOGIES AT THIS SITE.

Collection of Information

Personal Information.

LiteSpeed will ask you for certain “Personal Information” when you complete registration or product information request forms on the Site, including but not limited to your name, address, telephone number, email address, and credit card information. You can always choose not to provide us with the requested information, however, you may not be able to complete the transaction or use our products or services if you do not provide the information requested.

Non-Personal Information.

LiteSpeed may collect non-personally identifiable information from you such as the type of browser you use, your operating system, the screen resolution of your browser, your ISP, your IP address, which pages you view on the Site and the time and duration of your visits to the Site (collectively, “Non-Personal Information”). LiteSpeed may associate Non-Personal Information with Personal Information if you register with the Site.

User Communications.

If you communicate with us, we may collect information relating to that communication whether it takes the form of email, fax, letter, forum posting, blog comments, testimonials or any other form of communication between you and LiteSpeed or Submitted by you to the Site (collectively, “User Communications”).

Server Information.

If you use one of our software products such as LiteSpeed Web Server or LiteSpeed Web ADC, we may collect certain information concerning such software and concerning the server upon which the software operates. This information includes: (a) the licensed or unlicensed status of the software; (b) the source from which the license for the software was obtained (i.e., LiteSpeed or a LiteSpeed affiliate); or (c) information about the server upon which the software is installed including (i) the public IP address, (ii) the operating system and (iii) the use of any virtualization technologies on such server ((a) through (c) collectively, “Server Information”). Additionally, “Server Information” may also include information collected from you by LiteSpeed in the event that you request technical support services including without limitation, IP addresses, usernames, and passwords necessary to login to SSH, the root directory of the server upon which you installed the LiteSpeed software and any affected accounts including email accounts, control panel accounts, MySQL accounts, CMS accounts and other accounts.

Use and Storage of Collected Information

LiteSpeed may use Personal Information to create and authenticate your account, to respond to your requests, to provide you with customer and technical support, or to provide you with information regarding our products, services, partners, and company. You may update your Personal Information with us at any time, but we may maintain records of any Personal Information you disclose to us indefinitely, unless otherwise requested as outlined below.

We may use User Communications in the same ways we use Personal Information. If you communicate with us for a particular purpose, we may use your User Communications for that purpose. For example, if you contact us for technical support, we may use your communications to provide technical support to you. We may maintain records of User Communications you transmit to us indefinitely, unless otherwise requested as outlined below.

LiteSpeed may use Non-Personal Information to maintain, evaluate, improve and provide our Site, the Services and any other LiteSpeed products and services. We may retain Non-Personal Information indefinitely.

We may use Server Information to provide you with technical support services and to maintain, evaluate, improve and provide LiteSpeed products and services. We may also use such information to investigate unlicensed (and therefore unauthorized) uses of our software. LiteSpeed may maintain Server Information indefinitely, with the exception of usernames, passwords, and other login information given in connection with support service requests. Such login information will be purged when the ticket is closed.

Disclosure of Collected Information

LiteSpeed will only disclose Personal Information to third parties if acting under a good faith belief that such action is necessary, including but not limited to: (a) to resolve disputes, investigate problems, or comply with laws or regulations; (b) to enforce our Terms of Service; (c) to protect and defend the rights, property, or safety of our company or our users; or (d) in the event of a merger, acquisition or sale of all or substantially all LiteSpeed assets. Other than this limited activity, we do not share, sell, or rent any personal information to third parties.

You will receive notice in the form of modifications to this Policy when information about you might go to third parties other than as described in this Policy, and you always have the opportunity to contact us as set forth below if you do not wish your information to go to third parties.

LiteSpeed cannot be responsible for protecting your information if you share such information in publicly available sections of the Site such as the user forums, blog comments, or testimonials section. You should use your own judgment in disclosing this information on the Site.

Use of Cookies

“Cookies” are small pieces of information that your browser stores on your computer on behalf of a website that you have visited. Cookies may be used in order to complete transactions on our site. You can always choose not to accept cookies with the settings of your web browser, however, you may not be able to complete these transactions if you do not accept cookies.

Security of Personal Information

We use reasonable security methods to protect your personal information from unauthorized access, use or disclosure. No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. While we try to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

LiteSpeed uses industry-standard SSL-encryption to protect sensitive data.

In the event that LiteSpeed becomes aware of a security breach, unauthorized disclosure or inadvertent disclosure concerning your information, you agree that LiteSpeed may notify you of such an event using the Personal Information previously provided.

You are responsible for maintaining your account’s security.

GDPR Statement

LiteSpeed Technologies values your users’ privacy. Although our software does not directly collect any personally identifiable information from visitors to your site, LiteSpeed may still be considered a data processor, as user information may be temporarily cached and/or logged, as outlined in this document.

Servers

LiteSpeed Web Server, OpenLiteSpeed, LiteSpeed Web ADC, and related software may record IP addresses as a part of normal logging. An access log and an error log may record visitor IP addresses and URL visited. The logs are stored locally on the system where LiteSpeed server software is installed and are not transferred to or accessed by LiteSpeed employees in any way, except as necessary in providing routine technical support if you request it. This logging may be turned off through configuration. It is up to individual server administrators to come up with their own schedule for removing such logs from the file system.

Cache Solutions

Our cache plugins potentially store a duplicate copy of every web page on display on your site. The pages are stored locally on the system where LiteSpeed server software is installed and are not transferred to or accessed by LiteSpeed employees in any way, except as necessary in providing routine technical support if you request it. All cache files are temporary, and may easily be purged before their natural expiration, if necessary, via a Purge All command. It is up to individual site administrators to come up with their own cache expiration rules.

LSCache for WordPress

In addition to caching, our WordPress plugin has an Image Optimization feature. When optimization is requested, images are transmitted to a remote LiteSpeed server, processed, and then transmitted back for use on your site. LiteSpeed keeps copies of optimized images for 7 days (in case of network stability issues) and then permanently deletes them.

Similarly, the WordPress plugin has a Reporting feature whereby a site owner can transmit an environment report to our server so that we may better provide technical support.

Neither of these features collects any visitor data. Only server and site data is involved.

Support Services

Sometimes, when you request technical support, LiteSpeed may ask for login credentials to various areas of your site. You may refuse to share such credentials, however refusal may impact LiteSpeed’s ability to provide the requested support services.

Upon completion of a support ticket, LiteSpeed immediately deletes all login credentials you may have shared.

Any user data encountered by LiteSpeed is kept strictly confidential. We never provide your support ticket information to any third party without your explicit consent.

Contact Us

If you would like to update information that you have voluntarily provided to us, stop receiving information from us, or exercise any of the rights granted to you under Privacy Laws, including the EU’s General Data Protection Regulation, please e-mail info@litespeedtech.com.