1. Binding Agreement. By participating in the Program, you agree to be bound by these terms and conditions (the “Terms”). All of HostGator’s decisions are final and binding.
2. Privacy. The personal information collected, processed and used as part of the Program will be used in accordance with HostGator’s Privacy Notice, which is available here.
3. How the Program Works. You must visit the HostGator Website and follow the on-screen instructions to refer friends, family members or colleagues. You must be at least 18 years old to participate in the Program and a resident of the United States. You may refer a maximum of twenty-five (25) people during each visit to the HostGator Website and cannot refer more than a total of five hundred (500) people during your participation in the Program. Once you make a ”Referral”, you become a “Referrer” and will be provided with a unique referral link (“Link”) that allows you to receive the rewards described below in Section 5 (each a “Reward”, and collectively, the “Rewards”). A Referral shall be each new and unique customer you refer through the Link that purchases HostGator hosting services and meets the requirements set forth in these Terms (collectively, the “Referrals”). Please note that a Referral must purchase HostGator hosting services and that other HostGator services (e.g. domains, add-on services, etc.) do not qualify under the Program.
4. Restrictions.
a) The following do not qualify as a Referral under the Program:
i) An individual that has transferred from any HostGator partner or entity that owns, is owned by, or is under common ownership with HostGator.
ii) An individual that cancels the HostGator services within 90+ days of their initial purchase.
iii) An individual that is also associated with any HostGator reseller, referral, or other program.
iv) An individual that is not up to date on its payments for services or who is subject to a refund, referral, or other program.
v) An individual whose services have not been in good standing for a period of at least ninety (90) days or that is in violation of HostGator’s Terms of Service, Acceptable Use Policy, or other applicable policies at the time the Rewards accrue.
vi) A referral that HostGator suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with these Terms.
vii) An individual engaging in "Domain Speculation," which is determined by the identification of two (2) web hosting accounts with the same individual’s name, email address, or other identifying characteristic as determined by HostGator and/or the identification of two (2) or more web hosting accounts that have no content on their websites or have similar content, templates or formatting, as determined in HostGator’s sole discretion.
b) Any attempt by you to manipulate, falsify or inflate Referrals or Rewards to intentionally defraud HostGator or any violation of these Terms constitutes immediate grounds for HostGator to terminate your participation in the Program and will result in the forfeiture of any Rewards due to you.
c) Referrers cannot refer themselves or create multiple, fictitious or fake accounts with HostGator or participate in the Program as Referrals.
d) You may not use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program.
e) If you participate in the HostGator Affiliates Program, you are not eligible to receive both an affiliate commission and Rewards under this Program.
f) Employees of HostGator or any of its or their subsidiaries, affiliates or promotional agencies are not able to participate in the Program as either a Referrer or Referral.
5. Rewards.
a) By making a valid Referral, you will receive a gift card and your Referral will receive a discount on their web hosting purchase from HostGator. These Rewards may be redeemed in various forms as indicated in the rewards email you receive and in the Company's sole discretion. Additional restrictions may apply. All Rewards are subject to verification. Review period is typically seventy (70) to ninety (90) days from the referral month.
b) HostGator reserves the right to withhold Rewards under the Program at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of these Terms by you or your Referral.
c) HostGator reserves the right to immediately cancel or withhold for later review any Rewards in connection with individuals who fail to meet the criteria of a Referral. You are responsible for monitoring the payment, denial, and withholding of Rewards. HostGator is not obligated to actively notify you of the status of Rewards. If you have a question about a Reward that has been cancelled or withheld, you have thirty (30) days from the day the Reward would have been due to contact HostGator to request that the Reward be issued. Any changes to decisions about cancelled or withheld Rewards are strictly made in HostGator’s sole discretion.
d) In the event that HostGator determines that your Referrals have an excessive cancellation rate, as determined by HostGator in its sole discretion, HostGator reserves the right to withhold or decline pending and future Rewards to you.
e) Unless otherwise stated, Rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered or sold.
6. Limitation of Liability. HOSTGATOR WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THESE TERMS OR THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THESE TERMS AND THE PROGRAM WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
7. Indemnification. 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 in connection with, or related to: (i) the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit in the Program, or (ii) your violation of applicable law, including without limitation, anti-spam laws.
8. Disclaimer. We make no express or implied warranties or representations with respect to the Program or any HostGator products and services purchased in connection with the 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 the HostGator 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 Referrals.
9. Bulk Distribution (“Spam”). Each Referrer is the actual sender of the emails to Referrals under the Program and must comply with applicable law when sending such emails. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent to provide such email address. Bulk email distribution and distribution to strangers is expressly prohibited and may be grounds for immediate termination from the Program. HostGator has no obligation to monitor the Program or any communications sent pursuant to the Program, however, HostGator may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program in its sole discretion.
10. Right to Cancel, Modify or Terminate. HostGator reserves the right to cancel, modify or terminate these Terms and/or the Program at any time for any reason. HostGator further reserves the right to disqualify you at any time from participation in the Program if you do not comply with any of these Terms.