Affiliate Program Terms

1.1 Free Enrollment

Enrollment in the Program is free. You are not required to maintain an active paid service with NYCServers in order to participate.

1.2 Eligibility Requirements

To participate in the Program, you must:

• Be at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater.
• Provide accurate, complete, and current information during enrollment and keep that information updated, including your full legal name, address, email, and payout details.
• Not be located in, or a resident of, any jurisdiction subject to a comprehensive United States embargo or where participation in the Program is prohibited by applicable law.
• Not be a person or entity with whom NYCServers is prohibited from doing business under United States or other applicable sanctions or export-control laws.
• Not have been previously terminated from the Program or from any other NYCServers service for violations of our terms.

1.3 Acceptance is Discretionary

Enrollment in the Program is subject to NYCServers' sole discretion. We may approve, reject, suspend, or revoke any application or account at any time, with or without reason or notice.

1.4 One Affiliate Account Per Person

Each individual or entity may maintain only one (1) affiliate account. Creating multiple affiliate accounts is prohibited and may result in termination of all associated accounts and forfeiture of any unpaid commissions.

2.1 Commission Rate

Affiliates earn a ten percent (10%) recurring commission on each qualifying paid subscription generated by a valid referral. Commissions recur for the lifetime of the referred service and continue for as long as the referred customer maintains an active, paid NYCServers subscription that was first purchased through the Affiliate's referral link or referral code.

2.2 Custom Commission Rates

NYCServers may, in its sole discretion, negotiate a custom commission rate with large content creators, businesses, or other partners. Any custom rate is effective only when documented in writing by NYCServers and applies prospectively to qualifying referrals as agreed between the parties.

2.3 Qualifying Referrals

A referral qualifies for commission only if all of the following conditions are met:

• The referred customer is a new customer who reached NYCServers through the Affiliate's tracked referral link or referral code.
• The referred customer places and pays for a qualifying NYCServers product or service.
• The order is not flagged as fraudulent, duplicate, self-referred, or otherwise invalid by NYCServers' fraud-screening and attribution systems.
• The order has not been refunded, charged back, or cancelled within the holding period described in Section 2.4.

2.4 Ten-Day Holding Period

Commissions are not added to your payable balance until ten (10) calendar days after the original order date of the underlying referred order (the "Holding Period"). The Holding Period allows NYCServers to verify the order, screen for fraud, and process any refunds requested under the NYCServers Refund Policy. Commissions associated with orders that are refunded, charged back, or determined to be invalid during the Holding Period will not be added to your payable balance.

2.5 Minimum Payout Balance

The minimum payout balance is fifty United States dollars (US$50.00). Payout requests may be submitted once your payable balance equals or exceeds the minimum. Balances below the minimum will continue to accrue until the threshold is reached.

2.6 Payout Methods

NYCServers offers the following payout methods, at the Affiliate's election:

• PayPal — paid in United States dollars to the PayPal account on file.
• Cryptocurrency — paid in a supported cryptocurrency to the wallet address on file. Any blockchain network fees or swap fees are deducted from the payout amount. Due to cryptocurrency price volatility, the value received may differ from the requested fiat amount.
• Account Credit — applied as a non-cash credit to the Affiliate's NYCServers customer account, redeemable against future NYCServers invoices. Account credit is non-refundable and not redeemable for cash.

2.7 Payout Processing Time

NYCServers processes valid payout requests within twenty-four (24) business hours of receipt. Delivery times after processing depend on the selected payout method and the relevant payment network. NYCServers is not responsible for delays caused by PayPal, blockchain networks, banking intermediaries, or other third parties outside of our direct control.

2.8 Accurate Payout Information

You are solely responsible for the accuracy of the payout information on your affiliate account, including PayPal email, cryptocurrency wallet address, and customer email for account credit. NYCServers is not responsible for payouts sent to an incorrect destination as a result of incorrect or out-of-date payout information provided by you.

2.9 No Other Earnings

Commissions are the only compensation payable to Affiliates in connection with the Program. NYCServers is not obligated to pay any other fee, expense, or remuneration to Affiliates.

3.1 Referral Tracking

Referrals are attributed to the Affiliate whose referral link or referral code is associated with the order, as determined by NYCServers' tracking systems. NYCServers' tracking systems, attribution windows, and reporting are the sole and authoritative record of qualifying referrals for the Program.

3.2 Cookie-Based Attribution

Attribution relies in part on first-party cookies set when a prospective customer arrives at the NYCServers website through your referral link. If a prospective customer disables cookies, clears cookies, uses a different device or browser, or visits the NYCServers website through a different referral source before placing an order, NYCServers may not be able to attribute the order to you.

3.3 Attribution Disputes

Attribution and tracking determinations are made by NYCServers in its sole discretion. NYCServers will use commercially reasonable efforts to investigate good-faith attribution disputes raised in writing within thirty (30) days of the disputed order; however, NYCServers' tracking records control in the event of any inconsistency.

3.4 Adjustment Window

NYCServers reserves the right to review, audit, adjust, withhold, or reverse commissions within one hundred twenty (120) days of a conversion if NYCServers determines, in its sole discretion, that the underlying referral was inaccurate, invalid, fraudulent, or otherwise not in compliance with these Affiliate Terms.

3.5 No Tampering

You may not modify, obscure, redirect, frame, intercept, or otherwise interfere with referral links, referral codes, tracking pixels, cookies, or any other component of NYCServers' tracking and attribution systems.

4.1 Ethical Promotion

You agree to promote NYCServers ethically and in good faith. Promotional content must be accurate, truthful, and not misleading. You may create your own promotional content (including reviews, comparisons, tutorials, and articles) provided that it complies with these Affiliate Terms and applicable law.

4.2 FTC Disclosure

You must clearly and conspicuously disclose your affiliate relationship with NYCServers in all promotions in compliance with the United States Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising and any other applicable disclosure requirements. Acceptable disclosures include, for example, "#ad," "#affiliate," "This post contains affiliate links," or a comparable clear statement. The disclosure must appear before the affiliate link and must be visible without the reader having to click "more" or scroll.

4.3 Compliance with Law

You must comply with all applicable laws, regulations, and industry standards in connection with your promotional activities, including without limitation:

• FTC rules on advertising and endorsements.
• Anti-spam laws (e.g., the United States CAN-SPAM Act and the Canadian Anti-Spam Legislation).
• Data-privacy laws (e.g., the EU General Data Protection Regulation and the California Consumer Privacy Act).
• Trademark, copyright, and other intellectual-property laws.

4.4 Records

You agree to maintain reasonable records of your promotional activities and to provide them to NYCServers on request in connection with a compliance review or attribution investigation.

4.5 No Implied Endorsement

You may identify yourself as a NYCServers affiliate but may not represent yourself as an employee, agent, partner, joint venturer, or official representative of NYCServers, and you may not enter into any agreement, make any representation, or incur any liability on behalf of NYCServers.

6.1 Refund-Related Reversals

If a referred order is refunded under the NYCServers Refund Policy, the associated commission will not be added to your payable balance. If the commission has already been added to your payable balance or paid out, NYCServers reserves the right to deduct an equivalent amount from your next payable balance or, where there is no future balance against which to deduct, to invoice you for the reversed amount.

6.2 Chargeback Reversals

Commissions associated with referred orders that result in a payment dispute or chargeback are voided. Any amount already paid to the Affiliate in respect of a charged-back order may be deducted from future payouts or invoiced to the Affiliate.

6.3 Cancellations

Recurring commissions on a referred service stop accruing when the referred customer cancels, downgrades to a non-paid plan, or otherwise ceases to be a paying customer. No commission is earned on renewals that are not collected by NYCServers.

6.4 Clawbacks for Violations

If NYCServers determines, in its sole discretion, that a referral or any Affiliate activity violates these Affiliate Terms, NYCServers may (i) void all commissions associated with the violating activity, whether earned, pending, or paid; (ii) deduct an amount equal to any wrongly paid commission from the Affiliate's future payouts; and (iii) invoice the Affiliate for any amounts not recoverable through such deductions.

7.1 Limited License

Subject to your continued compliance with these Affiliate Terms, NYCServers grants you a limited, non-exclusive, non-transferable, revocable license to use the NYCServers name, logo, and approved marketing assets solely for the purpose of promoting NYCServers services through the Program.

7.2 Permitted Use

You may use the NYCServers name and logo as supplied in the affiliate portal to identify NYCServers, link to NYCServers, and create truthful editorial content. All such use must accurately represent NYCServers and must not imply any sponsorship, endorsement, partnership, or other relationship beyond your status as an affiliate.

7.3 Restrictions

You may not (i) modify the NYCServers logo or alter its colors or proportions in any way that diminishes the brand; (ii) incorporate NYCServers trademarks into the name of your business, your domain, your social-media handle, or any product or service you offer; (iii) use NYCServers trademarks in a manner that disparages NYCServers or that is otherwise harmful to the brand; or (iv) use NYCServers trademarks in any manner described as prohibited in Section 5.

7.4 Revocation

The limited license described in this Section 7 terminates automatically upon the termination of your participation in the Program for any reason. Upon termination, you must promptly remove all NYCServers trademarks and marketing assets from your properties.

9.1 Independent Contractor

Your relationship with NYCServers under the Program is that of an independent contractor. Nothing in these Affiliate Terms creates an employment, agency, partnership, joint-venture, or franchise relationship between you and NYCServers.

9.2 Tax Liability

You are solely responsible for determining, reporting, and paying any and all taxes, duties, levies, or fees applicable to commissions you receive under the Program, including income tax, self-employment tax, value-added tax, and sales tax. NYCServers does not withhold taxes from commission payouts unless required by applicable law.

9.3 Tax Documentation

You agree to provide any tax documentation reasonably requested by NYCServers in order to comply with applicable tax-reporting obligations, including, where applicable, a current IRS Form W-9 (for United States persons) or Form W-8 (for non-United States persons). Failure to provide requested tax documentation may result in withholding of payouts or termination from the Program.

10.1 Representations and Warranties

You represent and warrant that:

• All information you provide to NYCServers in connection with the Program is accurate, complete, and current, and you will update it promptly when it changes.
• Your promotional activities and any content you publish in connection with the Program will not violate any law or any third-party rights, including intellectual-property, privacy, publicity, or contract rights.
• You are not acting on behalf of any sanctioned or restricted entity or individual.
• You have all necessary rights and authority to enter into these Affiliate Terms and to perform your obligations under them.

10.2 Indemnification

You agree to indemnify, defend, and hold harmless NYCServers and its officers, directors, employees, affiliates, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (i) your breach of these Affiliate Terms; (ii) your promotional activities under the Program; (iii) your violation of any law or third-party right; or (iv) any content you publish or distribute in connection with the Program.

12.1 Term

These Affiliate Terms apply for as long as you maintain an affiliate account with NYCServers.

12.2 Termination by Affiliate

You may terminate your participation in the Program at any time by providing written notice to NYCServers at support@newyorkcityservers.com or by closing your affiliate account through the affiliate portal.

12.3 Termination by NYCServers

NYCServers may suspend or terminate your participation in the Program at any time, with or without cause and with or without notice. Where suspension or termination is for a suspected or confirmed violation of these Affiliate Terms, NYCServers may also pause payouts pending investigation.

12.4 Consequences of Termination for Cause

Termination for cause may result in (i) permanent revocation of your affiliate account; (ii) voiding and forfeiture of all commissions, whether earned, pending, or paid; (iii) ineligibility for future re-enrollment in the Program; and (iv) referral of the matter to law-enforcement or regulatory authorities where appropriate.

12.5 Consequences of Termination Without Cause

On termination without cause, any payable balance that has cleared the Holding Period and meets the minimum payout threshold will be paid out on the next regular payout cycle. Balances below the minimum may be forfeited.

12.6 Survival

The following provisions survive termination of these Affiliate Terms: Sections 6 (Refunds, Chargebacks & Clawbacks), 8 (Confidentiality), 9 (Tax Responsibility), 10 (Representations & Indemnification), 11 (Limitation of Liability), 14 (Governing Law & Disputes), 15 (Miscellaneous), and any other provisions that by their nature should survive termination.

15.1 Entire Agreement

These Affiliate Terms, together with the NYCServers Terms of Service and Privacy Policy, constitute the entire agreement between you and NYCServers concerning the Program and supersede any prior agreements or understandings.

15.2 Severability

If any provision of these Affiliate Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15.3 No Waiver

The failure of NYCServers to enforce any right or provision of these Affiliate Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by NYCServers.

15.4 Assignment

You may not assign or transfer your affiliate account or these Affiliate Terms without NYCServers' prior written consent. NYCServers may assign these Affiliate Terms freely, including in connection with a sale, merger, or other corporate transaction.

15.5 Notices

NYCServers may send notices under these Affiliate Terms to the email address on your affiliate account or by posting in the affiliate portal. You must send notices to NYCServers at support@newyorkcityservers.com.