This Affiliate Agreement ("Agreement") contains the complete terms and conditions between us, HostGator.com LLC (“HostGator”)
and you, regarding your application to and participation in, the HostGator Affiliate Program (the “Affiliate Program”) as an affiliate of
HostGator (an “Affiliate”), and the establishment of links from your website to our website, HostGator.com.
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ARE CONFIRMING
THAT YOU HAVE READ THIS AGREEMENT AND THE HOSTGATOR TERMS AND CONDITIONS https://www.hostgator.com/tos
AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
"Affiliate" - The business, individual, or entity applying to or participating in the Affiliate Program, or that displays
HostGator’s products and Services and/or promotions on its website, or other means, using an affiliate tracking
code in exchange for receiving a commission from HostGator for sales directly resulting from such display.
"Affiliate Platform" shall mean the third party entity engaged by HostGator to track the performance of the Affiliate
Program, including Impact Radius, Inc. (“Impact Radius”) or CJ Affiliate by Conversant, LLC (“CJ Affiliate”).
"Affiliate Site" - The Affiliate's website which displays HostGator’s Products and Services and/or promotions.
"HostGator’s Products and Services" - Web hosting and related products and services that are available for
purchase from HostGator.
"Commission Fees" - The amount you will be paid for each Qualified Purchase by a Referred Customer that you
refer to HostGator subject to the Commission Threshold and pursuant to the terms of this Agreement.
“Commission Threshold” - The amount of Commission Fees an Affiliate must accrue prior to receiving a payment
"Qualified Purchase" - A sale of HostGator Products and Services to a Referred Customer that is not excluded under
Section 7 by HostGator.
"Referred Customer" - Each new and unique customer referred from Affiliate through a Link (as defined in
Section 2) that provides valid account and billing information.
"Registration Form" - Any and all order forms or other signup or acceptance form submitted by a customer to purchase
HostGator’s Products and Services.
2 Enrollment in the Affiliate Program
a. To begin the enrollment process, you must submit a completed Affiliate Program Signup Form. The SIgnup Form
can be found at https://www.hostgator.com/affiliates.
b. We will evalulate your application in good faith and will notify your of your acceptance or rejection in a timely
manner. 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.
c. If we reject your application, for any reason, you may not re-apply to the Affiliate Program utilizing the same
domain name/URL or re-apply using a different domain/URL name and then add the previously rejected domain
name/URL to your affiliate account. HostGator, in its sole discretion, reserves the right to notify or to not notify any
prospective affiliate of their rejection or removal from the Affiliate Program at any time.
a. Use of Links. If you qualify and agree to participate as an Affiliate, we will make a variety of graphic and textual
links as well as custom promo codes, available to you (each referred to herein as a "Link" or collectively, as the
"Links"). The Links will serve to identify your website as a member of the Affiliate Program and will establish a link
from your website or e-mail to HostGator’s website. You agree to cooperate fully with us in order to establish and
maintain such Links. You further agree that your use of the Links must be in compliance with this Agreement at
all times. HostGator may modify the Links from time to time in its sole discretion. All Affiliate Sites shall display the
Links prominently in relevant sections of their website. Furthermore, you agree not to use cookie stuffing techniques
that set the affiliate tracking cookie without the Referred Customer's knowledge (e.g. iframe). Any information with
respect to HostGator that is going to be displayed on the Affiliate Site must be preapproved by HostGator in writing.
b. Disclaimer. EXCEPT AS PERMITTED HEREIN, YOU SHALL NOT AND ARE NOT AUTHORIZED TO (i) USE THE
HOSTGATOR TRADEMARK, NAME OR ANY OF OUR OTHER INTELLECTUAL PROPERTY, INCLUDING WITHOUT
LIMITATION, THE LINKS, AND THE LICENSED MATERIALS (COLLECTIVELY, THE “HOSTGATOR IP”) (OR ANY
VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY
OF THE FOREGOING) WITHOUT HOSTGATOR’S EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE HOSTGATOR IP
IN A DOMAIN OR WEBSITE NAME, IN ANY METATAGS, SEARCH TERMS, CODE, OR OTHERWISE; (iii) ACT
IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY "INITIAL INTEREST
CONFUSION" OVER THE USE OF HOSTGATOR IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING.
YOUR USE OF HOSTGATOR IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER SHALL
CONSTITUTE UNLAWFUL INFRINGEMENT OF HOSTGATOR’S INTELLECTUAL PROPERTY RIGHTS, AND MAY
SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING POTENTIAL TREBLE DAMAGES FOR KNOWING OR
WILFUL INFRINGEMENT), AND THE OBLIGATION TO PAY HOSTGATOR’S LEGAL FEES AND COSTS IN
CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH HOSTGATOR SEEKS TO ENFORCE ITS RIGHTS
UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF HOSTGATOR’S INTELLECTUAL PROPERTY RIGHTS.
c. Paid Search Policy: You are required to comply with the following rules when bidding on keywords on any paid search
engines or social media site, including without limitation, Google, Yahoo/Bing, Twitter and Facebook:
1. You are prohibited from bidding on any HostGator trademarks, or any variations and misspellings thereof without
HostGator's prior written approval. Examples of prohibited keywords are "hostgator," "HostGator," "hostgator.com,"
"www.hostgator.com," "host gator," "hostgator reviews," "gator host," "hostgator hosting," and "hostgater."
2. You are prohibited from bidding on keywords containing HostGator trademarks plus an additional term such as
[hostgator coupons], [hostgator promotions], and [hostgator promos]. Further, Affiliates are NOT permitted to
broad or phrase match any of these keywords.
3. You are prohibited from outranking HostGator's internal paid search ad on any keywords.
4. You are prohibited from direct linking to HostGator.com from any paid search ads.
5. You are prohibited from using HostGator.com as a display URL.
All materials, including without limitation, ad copy, coupons, and promotions on your Affiliate Site must accurately
represent active and valid promotions. For example, you may not display an ad on your Affiliate Site for a promotion
that has expired. We continue to monitor all paid search landscapes. If you are determined to be in violation of this
section your participation in the Program may be terminated. For more information on match types, please visit
Google's overview of match types.
d. Discounts and Coupons. You are not allowed to post any refunds, credits or discounts on the HostGator Products and
Services, or other content concerning HostGator without HostGator’s prior written consent in each instance. Affiliates may
only use coupons and discounts that are provided exclusively through the Affiliate Program using banners and links. Each
Link connecting users of the Affiliate Site to the pertinent area of the HostGator website will in no way alter the look, feel,
or functionality of the HostGator website. Any violations of the terms surrounding links, coupons, refunds, credits or discounts
shall constitute a material breach of this Agreement, and may result in your termination from the Affiliate Program or the
withholding of Commission Fees. HostGator reserves the right to cancel any coupons or discounts at any time. Affiliates
may not promote internal HostGator coupons or promotions available through the HostGator.com website and any purchase
made using such coupons or promotions are not Qualified Purchases.
4. FTC Endorsement Compliance
a. It is the intent of HostGator to treat all of our customers fairly. Accordingly, we require all HostGator Affiliates to comply
with applicable laws, regulations and guidelines concerning advertising and marketing, including without limitation,
the Federal Trade Commission (FTC) Endorsement Guides which require that material connections
between advertisers and endorsers be disclosed. This means that all Affiliate Sites (e.g. directories, review/rating
websites, blogs,and other websites) and any email or collateral that provide an endorsement or assessment of
HostGators's Products and Services must prominently disclose the fact that you receive compensation for Referred
b. For more information and suggestions about how to comply with these guidelines, please visit our page entitled
"Affiliate Disclosure Requirements and Examples". Please note that this page is only intended to provide guidance.
It does not purport to provide legal advice and it does not guarantee that you'll be in compliance with FTC regulations
should you follow the suggestions presented. You are advised to seek and obtain your own legal advice on how these
rules apply to your website or other promotional activities for which you receive compensation.
c. HostGator reserves the right to withhold Commission Fees and cancel the affiliate relationship with you should we
determine, at our sole discretion, that you are not in compliance with the previously mentioned guide or other FTC
regulations or guides that we deem relevant.
5. Data Security
In addition to the obligations set forth in Section 4 (FTC Endorsement Compliance), Affiliate shall comply with all applicable
data protection laws regarding the transmission of data exported to or from the United States or the country in which Affiliate
resides, including without limitation, the General Data Protection Regulation 2016/679 of European Parliament and of the
Council of 27 April 2016 (the “GDPR”). Affiliate, as a controller under the GDPR, shall also implement appropriate technical
measures to ensure a level of security appropriate to the risk, taking into account the nature, scope, context, and purpose of
processing any personal data. Affiliate agrees to promptly assist HostGator in complying with any data subject rights request
under the GDPR that HostGator may receive from any individuals referred to HostGator by Affiliate. Affiliate further agrees to
promptly assist HostGator in complying with any duties to cooperate with supervisory authorities under the GDPR.
6. Order Processing
HostGator will process orders placed by Referred Customers who follow the Links from an Affiliate Site to HostGator. We
reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may
establish from time to time. All aspects of order processing and fulfillment, including HostGator’s services, cancellation,
processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated
by your Affiliate Site and will make this information available to you through the Affiliate Platform. To permit accurate tracking,
reporting, and commission accrual, you must ensure that the Links between your website and our website are properly
7. Commission Determination; Qualified Purchases
a. Commissions will be calculated based on the commission rates stated on the Hostgator website for each Qualified
Purchase (as defined herein) subject to commission accruing pursuant to Section 8 below. A "Qualified Purchase"
does NOT include the following:
A purchase by You or someone in your household.
A purchase by a Referred Customer that has transferred from any HostGator partners or subsidiaries.
A purchase by a Referred Customer who is also associated with any HostGator reseller, referral, or other program.
A purchase by a Referred Customer that has not been in good standing for a period of at least ninety (90) days or is in
violation of HostGator’s Terms of Service, Acceptable Use Policy, or other applicable policies at the time the Commission
A purchase by a Referred Customer if the Affiliate or Referred Customer is in or is promoting a business-opportunity
program, as determined by us in our sole discretion.
A purchase by a Referred Customer engaging in "Domain Speculation," which is determined by the identification
of two (2) web hosting accounts with the same Referred Customer's name, email address, or other identifying
characteristics as determined by HostGator and/or the identification of two (2) or more web hosting accounts that
have content on their websites or have similar content, templates or formatting, as determined by HostGator, in our
b. A purchase by a Referred Customer that is not “active” and does not have a website and a domain name pointed to at
HostGator reserves the right to withhold payment of initial Commissions Fees to Affiliates who are new to the Affiliate
Program, or who have commissions that are potentially fraudulent as determined byHostGator in its sole discretion, to
determine the legitimacy and cancellation rates of Referred Customers.
HostGator 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.
HostGator 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,
HostGator will send Affiliate a bill for the balance of such refunded purchase upon termination of the program or termination of
the Referred Customer.
HostGator reserves the right to immediately cancel or withhold for later review any Commission Fee that fails to meet the
criteria of a “Qualified Purchase.” Affiliate is responsible for monitoring the payment, denial, and withholding of Commission
Fees; HostGator is not obligated to actively notify Affiliates of the status of Commission Fees. If Affiliate has a question about
a Commission Fee that has been cancelled or withheld, Affiliate has thirty (30) days from the day the payment would have
been due to contact HostGator to request that the Commission Fee be paid. Any changes to decisions about cancelled or
withheld Commission Fees are strictly made in HostGator’s sole discretion.
Commissions for any Referred Customer who is associated with any HostGator reseller, referral or other program may not
be considered a Qualified Purchase. In other words, you may not receive double commissions or compensation.
In the event that the Referred Customers that are referred to HostGator by an Affiliate are determined to have an excessive
cancellation rate, as determined by HostGator in its sole discretion, HostGator reserves the right to withhold or decline
pending and future Commission Fees to such Affiliate.
8. Accrual of Commissions and Commission Payments
Commissions will accrue and only become payable once your (i) provide all relevant tax and address documentation
pursuant to sub-section k below and (ii) reach the Commission Threshold of $100.00 based on the commission rates
stated on the HostGator website, solely as applied to Qualified Purchases which occurred within ninety (90) days of
the end of the calendar month. in which the first of such Qualified Purchases occurred. For example, if you provide sign-ups
which result in one Qualified Purchase on January 1st and a second sign-up which leads to a Qualified Purchase on August
10th, and you provide all necessary tax documentation on August 10th, no commission would accrue because the second
Qualified Purchase occurred more than one hundred and eighty (180) days after the end of January when the first Qualified
Purchase occurred. However, if you subsequently provide a sign up which leads to another Qualified Purchase on September
5th of the same year, then a commission of $100.00 would accrue on the latter two Qualified Purchases (i.e., the Qualified
Purchases from August and September of the same year). All Qualified Purchases still eligible to result in commissions under
this Section 8 must remain active and in good standing pursuant to the terms of this Agreement in order to remain eligible for
accrual of a commission. Once a commission has accrued under this Section 8, the amount of such commission (the
“Commission Fee”) shall be due and payable to you under the terms of Section 8.
Subject to the terms of this Agreement and to the terms of any agreement you have entered into with the Affiliate Platform, the
Commission Fee will be calculated according to the specified percentage or dollar amount set forth in the commission report
in your affiliate console for each Qualified Purchase that is eligible for commissions during the period for which such
Commission Fee is being calculated.
Commission Fees will be processed two months plus ten days (2 months + 10 days) to two months plus fifteen days (2 months +
15 days) after the end of the month in which they accrue. HostGator will only compensate you for Qualified Purchases made in
accordance with this Agreement.
Commission Fees shall be paid based on the current information in your Affiliate profile. You are required to notify us promptly
of any change in your address by updating your profile information in the Affiliate console. You are responsible for informing
the Affiliate Platform of your desired payment form/type. You can update or change your desired payment method at any time
by updating your affiliate profile located in the affiliate console. Any changes to your desired payment method may take up to
two payout cycles to take effect.
If the Affiliate Platform is CJ Affiliate, you may choose to receive Commission Fees via check or direct deposit. If the Affiliate
Platform is Impact Radius, you may choose to receive Commission Fees through electronic fund transfer or PayPal. Please
refer to PayPal's policy to ensure you are eligible to receive payment if you reside outside of the United States. HostGator is
not responsible for paying any third-party fees in order for you to receive Commission Fees.
PayPal payments will only be reissued within one hundred and twenty (120) days of the original issue date in the case of
an incorrect PayPal address or refusal from PayPal to accept a payment.
HostGator and the Affiliate Platform, in their sole discretion, reserve the right to modify the available commission payment
methods or payment schedule at any time. Such changes shall take effect when posted.
It is solely your responsibility to provide the Affiliate Platform with accurate tax and payment information that is necessary to
issue a Commission Fee to you. If the Affiliate Platform does not receive the necessary tax or payment information within
ninety (90) days of a Qualified Purchase which would otherwise trigger Commission Fees, the applicable commissions shall
not accrue and no Commission Fees will be owed with respect to such Qualified Purchase.
Each Affiliate is required to submit a W8/W9 tax form before any Commission Fees shall accrue. You are responsible for
the payment of all taxes related to the commissions you receive under this Agreement. In compliance with U.S. tax laws,
your Affiliate Platform will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable threshold.
Any address change must be made in the Affiliate profile in the affiliate console at least fifteen (15) business days prior to the
end of the calendar month in order for Commission Fees for that month to be processed.
9. Reports of Qualified Purchases
You may log into your affiliate console to review your click through and potential Qualified Purchases statistics on a
daily basis. The potential Qualified Purchases shown in this report have not been reviewed to confirm they meet all
criteria for Qualified Purchases. As such, Commission Fees may not be issued for all Referred Customers that appear
in the affiliate console.
b. We have the right in our sole discretion to monitor signups through your Affiliate Site from time to time to determine if you
are in compliance with the terms of this Agreement. If you are not in compliance we may terminate your participation in the
Affiliate Program effective immediately.
11. HostGator Responsibilities
We will provide all of the information necessary for you to make Links from your Affiliate Site to our site.We will provide all
of the information necessary for you to make Links from your Affiliate Site to our site. HostGator will be solely responsible for
order processing (including payment processing, cancellations, and refunds) for orders for HostGator Products and Services
placed by a Referred Customer following a Link from your Affiliate Site, for tracking the volume and amount of Qualified
Purchases generated by your Affiliate Site, and for providing information to Affiliates regarding Qualified Purchase statistics.
HostGator will be solely responsible for all order processing, including but not limited to payment processing, cancellations,
refunds and related HostGator service.
12. Policies and Pricing
Referred Customers who buy HostGator Products and Services through our affiliate network are deemed to be HostGator
Customers. HostGator’s Terms and Conditions, rules, policies, and operating procedures will apply to such customers. We
may change our policies, pricing, and operating procedures at any time. For example, HostGator determines the prices to be
charged for HostGator Products and Services sold through the affiliate network in accordance with our own pricing policies.
Prices and availability of HostGator Products and Services may vary from time to time, from affiliate to affiliate, and from
region to region. Because price changes may affect products that you have listed on your Affiliate Site, you may or may not
be able to include price information in your product descriptions. We will use commercially reasonable efforts to present
accurate information on our website, but we cannot guarantee the availability or price of any particular HostGator Product
or Service. If you list the pricing of HostGator’s Products and Services on your website, please check HostGator’s website
regularly to capture any price changes and update the pricing on your website.
13. Emails and Publicity
You shall not create, publish, transmit or distribute, under any circumstances, any bulk email messages (also known
as "SPAM") without prior written consent from HostGator, to be granted or denied in HostGator’s sole discretion, in each
instance. Additionally, you may only send emails containing a HostGator affiliate link and or a message regarding
HostGator or HostGator's Affiliate Program to people who have previously consented to receiving such communications
from you.Your failure to abide by this Section 13, the CAN-SPAM Act of 2003, our Anti-Spam Policy, and all applicable laws
relating to email communications, in any manner, will be deemed a material breach of this Agreement by you and will result
in the forfeiture by you of any and all rights you may have to any commissions and the termination of your participation in the
Affiliate Program. Further, if your account has excessive clicks in a very short period of time as determined by HostGator in
its sole discretion, the Affiliate relationship may be terminated.
We may modify this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which you accept and agree to such modifications unless you otherwise agree herein. Such modifications shall take effect when posted on our website. Modifications may include, but are not limited to, changes in the scope of available Commission Fees, commission amounts or percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, in which event you shall be entitled to your rights under the unmodified Agreement prior to the date of the applicable modification. Your continued participation in the Affiliate Program following our posting of any modification on our website will constitute binding acceptance of the change.
We make no express or implied warranties or representations with respect to the Affiliate Program or any HostGator Products and Services sold through the Affiliate Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, we make no representation that the operation of our website will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors, including the tracking of information concerning Referred Customers during any period of interruption.
18. Relationship of Parties
You and HostGator are independent contractors, and nothing in this Agreement will create any partnership, joint
venture, agency, franchise, sales representative, or employment relationship between the parties. 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 Affiliate Site or otherwise, that contradicts anything in this section.
19. Representation and Warranties
You herby represent and warrant to us as follows:
b. Your acceptance of this Agreement and participation in the Affiliate Program will not violate (I) any provision of law, rule,
or regulation to which you are subject, (ii) any order, judgement, or decree applicable to you or binding upon your assets
or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument
applicable to you or binding upon your assets or properties.
c. You are the sole and exclusive owner of the Affiliate Trademarks and have the power to grant to HostGator the license to use
such marks in the manner contemplated herein, and such grant will not (i) breach, conflict with, or constitute a default under
any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark,
trade name, service mark, copyright, or other proprietary right of any third person or entity.
f. During the Term, you will not include in your Affiliate Site content that is, in our opinion, unlawful, harmful, threatening,
defamatory, obscene, harassing, racially, ethically, or otherwise objectionablez or are in violation of our Terms and Conditions
or Acceptable Use Policy.
20. Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY
LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE
PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMANGES. FURTHER, OUR
AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT
EXCEED THE TOTAL COMMISSIONS PAID RO PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE
(3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
You hereby agree to indemnify and hold harmless HostGator 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, judgements, 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 Affiliate Site, including, without limitations, its development, operation,
maintenance and content therein not attributable to us.
Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement,
business and financial information, Hostgator and vendor lists, and pricing and sales information, shall remain
strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and
solely to the extent that any such information is (a) already lawfully known to or independently developed by the
receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained
from any third party any obligation of confidentiality to the discloser hereunder. Notwithstanding the foregoing,
each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a valid
subpoena or order issued by any court or administrative agency of competent jurisdiction, (b) to its accountants,
attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule,
regulation, or legal process including, without limitation, the Securities Exchange Act of 1933, as amended, and
and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, and the rules
23. Independent Investigation
You understand that we may at any time (directly or indirectly) solicit HostGator 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 HostGator
Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
a. Governing Law. The laws of the State of Texas will govern this Agreement, without reference to rules governing choice of
laws. Any action relating to this Agreement must be brought in the federal or state courts located in the State of Texas and
you irrevocably consent to the jurisdiction of such court.
d. Waiver. 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.
This file was last modified: May 23, 2018.