Affiliate Agreement

Last updated: March 1, 2025

Introduction

This Agreement ("Affiliate Agreement" or "Agreement") sets forth the terms and conditions of your participation in the dotCanada Affiliate Program. The dotCanada Affiliate Program may be referred to as "The Program" or "The Affiliate Program". This Agreement constitutes a legal agreement between you and Light Speed Consulting Corporation ("dotCanada", "we", "us", or "our").

Please read this Agreement carefully. By submitting an application to join or by participating in the dotCanada Affiliate Program, you agree to this Agreement and all its terms and conditions. If you do not agree to all the terms and conditions of this Agreement, you should not apply to join or participate in the Affiliate Program.

1. Parties to this Agreement

This Agreement is entered into by dotCanada and each of its Affiliate(s). "You", "Your" refers to each and every affiliate of the dotCanada Affiliate Program. Participation in the Program constitutes full and complete acceptance of the terms set forth herein.

2. dotCanada Responsibilities

2.1 Affiliate Account

Upon acceptance into the Program, dotCanada will create an affiliate account which you may access through our website. The account exists to allow you to manage your work as our affiliate, track referrals, and monitor commissions.

2.2 Affiliate ID & Tracking Links

Upon creation of your affiliate account, dotCanada will provide you with a unique Affiliate ID. The Affiliate ID distinguishes you from other affiliates and is used in the generation of your tracking links. An affiliate tracking link is a URL used in marketing that allows for clicks on it to be tracked by dotCanada and its affiliates. dotCanada provides a default tracking link, and you are free to create custom tracking links within your affiliate account.

Rules for acceptable usage of your affiliate links appear later in this Agreement.

2.3 Tracking

dotCanada agrees to track the customers referred to dotCanada via the links provided to you for that purpose. dotCanada utilizes cookies to maintain tracking information for up to 90 days. dotCanada will pay you a commission for each valid referral made in compliance with this Agreement pursuant to the commission schedule and the terms set forth in this Agreement.

3. Affiliate Eligibility and Requirements

3.1 Minimum Age and Compliance

You agree that you are at least 18 years of age or older on the date that you apply to the Program. You agree that you are in a jurisdiction where participation in the dotCanada Affiliate Program does not violate any law, ordinance, regulation, or standard.

3.2 Operation of Affiliate Links

You agree to take full responsibility for ensuring the proper and continuing operation of your affiliate links. You agree that you will notify dotCanada if your affiliate links cease to function or cease to function properly.

3.3 Representations

You agree that you will not make any representations, promises, warranties, or other statements about dotCanada or the dotCanada website, products, or policies other than as may be expressly approved in writing by dotCanada or as otherwise provided to you by dotCanada for that purpose.

3.4 Affiliate Code of Conduct

As a participant in the dotCanada Affiliate Program, you are prohibited from participating in any scheme or strategy that artificially inflates your earnings or commissions. This includes, but is not limited to:

Violations may result in the invalidation of referral commissions and/or immediate termination of your affiliate account. dotCanada will be the sole arbiter as to what constitutes a violation.

3.5 Appropriate Use of Links

You may use the affiliate links provided by dotCanada via your Affiliate Account, or in any other form you wish, provided that your use of the links is not in any way disparaging of dotCanada or otherwise inappropriate or unacceptable in dotCanada's sole opinion and judgment. You may not violate any copyright, trademark, or other intellectual property rights of dotCanada or any other party. You may not violate the dotCanada Terms of Service.

4. Commission Structure and Payments

4.1 Commission Rate

Commissions are paid on a one-time basis for each new customer that signs up via your affiliate link subject to the terms and conditions set forth herein. There will be no obligation to pay any other commission. Commission rates are as follows:

No commissions will be credited for the following:

Commissions are paid on new accounts only (current or previous customers of the company are not eligible) and not on any subsequent renewal or subsequent signups of a referred customer. You will not receive any commission for referring yourself to dotCanada.

4.2 Qualified Commission

A "qualified commission" is one for which the new account, which is the subject of the commission, has remained in good standing continuously for at least 45 days from its inception. dotCanada shall make all decisions as to whether any commission is a "qualified commission." If at any time after a commission has been awarded and/or paid and the related customer's account is terminated or canceled for any reason, including refunds or chargebacks, this commission will be revoked and subtracted from any standing or future commission account balance you may have.

4.3 Payment Threshold and Schedule

Payments will only be made once your commission account balance reaches the minimum payment threshold of $100 CAD. dotCanada shall make no payment to you until this minimum balance is achieved. Commissions are not paid automatically; they are paid based on your request. Once a payout request is submitted via your affiliate account, the payment will be processed on the 15th of the upcoming month.

If you fail to properly submit a payout request within one (1) year of the date upon which your qualified commission accrued and became payable, you will forfeit such qualified commission, and you hereby agree to release dotCanada from all liability for payment of any such forfeited commissions.

4.4 Payment Methods

Payments are issued on-request. Requests for payment of commissions can be made only through your affiliate portal. All payout requests will be processed on the 15th of the following month after the request is made.

Payments are issued using one of these payment methods:

You agree to include your Affiliate ID, confirm the payment method (PayPal, Account Credits, or Wire Transfer), and the amount for the requested payment when placing a Payment Request. You also agree to accept all fees and costs related to receiving your affiliate payment.

4.5 Tax Compliance

You are responsible for providing accurate tax information as required by applicable laws. For Canadian residents, dotCanada may issue T4A forms for commission payments that exceed applicable thresholds. For non-Canadian residents, appropriate tax documentation may be required before payments are made.

You assume all responsibilities for tax payments or fees owed as a result of receiving commissions from dotCanada. dotCanada reserves the right to withhold or cancel commissions requested without suitable tax documentation.

5. Promotional Materials and Intellectual Property

5.1 Property Ownership

Each party to this Agreement shall retain all right, title, and interest in its names, logos, trademarks, service marks, trade dress, copyrights, and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights, and proprietary technology currently used or which may be developed and/or used by it in the future.

5.2 License

dotCanada grants you as an affiliate a revocable, non-exclusive, worldwide license to use, reproduce, and transmit the dotCanada logos, trademarks, and service marks on your site and only your site for the sole purpose of facilitating a link between your site and dotCanada to accomplish the purpose and intent of this Affiliate Agreement. You may also use the links and images located in any link library prepared specifically for that purpose subject to the same terms and conditions. You may not otherwise use, copy, distribute, change, modify, or otherwise alter any such property. This license is neither assignable nor transferable.

5.3 Promotional Materials

Only promotional materials that are approved by dotCanada may be used on your website in order to advertise dotCanada. Approved promotional materials refer to the materials that are provided in your Affiliate Assets. By signing this Agreement, we grant you a non-exclusive, limited, and non-transferable license to access, download, and place the approved promotional material on your website with the sole purpose to promote websites operated, controlled, and owned by dotCanada.

If by the decision of any party the Affiliate Agreement is terminated, upon termination your non-exclusive, limited, and non-transferable license to access, download, and place the approved promotional materials of dotCanada will be immediately and automatically withdrawn without any notification.

5.4 Cease Use Upon Demand

You agree to immediately cease the use of any mark upon request made by dotCanada to the email address provided by you and maintained on file for you by dotCanada. You agree to immediately cease the use of any link created by you to dotCanada upon request by dotCanada to the email address provided by you and maintained on file for you by dotCanada.

6. Prohibited Advertising Methods

Inappropriate ways of advertising include, but are not limited to:

Your website(s) must NOT contain lewd, obscene, illegal, or pornographic material, or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, all content of an adult nature, etc. The declaration of any materials as such is subject to our reasonable opinion.

Your domain name(s), company name, logo, trademark, product(s), project(s), service(s) must NOT contain keywords and phrases containing the "dotCanada" trademark or any other variations or misspellings confusingly similar to dotCanada trademark, name, logo, or domain name, without our prior approval.

dotCanada shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in a warning, suspension, or termination of your affiliate account and cancellation of all outstanding commission payments due.

7. Term and Termination

7.1 Term

This Agreement will commence upon your acceptance into the Affiliate Program and will continue until terminated by either party as set forth below.

7.2 Termination Without Cause

Either party may terminate this Agreement at any time upon notice in writing to the other party. Other than any termination under paragraph 7.3 herein, any commission which has become a qualified commission as of the date of such termination will be paid post-termination. Any commission, which is not a qualified commission as of the date of the notice of termination, shall not thereafter become a qualified commission.

7.3 Termination for Cause

The breach of this Agreement, or any provision thereof, knowingly or otherwise, willful or otherwise, is grounds for immediate suspension or, at the sole option of dotCanada, termination of this Agreement in its entirety.

7.4 Suspension

Suspension under this paragraph shall mean the withholding of all commission payments, qualified or otherwise, until such breach is cured. Suspension, if not cured within a reasonable time as determined by dotCanada, will become a termination under 7.3 as of the date of the initial suspension.

7.5 Effect of Termination

Upon termination of this Agreement, all rights and licenses granted by this Agreement are immediately revoked. If your account is terminated for any reason, we may, in our sole discretion, refund none, some, or all of the payment remitted prior to termination.

You must remove all dotCanada tracking links, banners, and other promotional materials from your website within five (5) business days of the termination. Any confidentiality provisions and payment obligations to you that accrued before termination will survive termination of this Agreement.

8. Relationship of the Parties

You and dotCanada 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 site or otherwise, that reasonably would contradict anything in this section.

dotCanada expressly disclaims responsibility for any conduct by you in violation of the terms of this Agreement.

9. Limitation of Liability

IN NO EVENT SHALL DOTCANADA BE LIABLE TO YOU FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT DOTCANADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT COMMISSIONS AGREED UPON IN THIS AFFILIATE AGREEMENT ARE BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

Notwithstanding the foregoing, this section shall not limit either party's liability to the other for (i) willful or malicious misconduct; (ii) gross negligence; (iii) indemnification or (iv) either party's liability for death or personal injury or their own acts of fraud.

10. Indemnification

You agree to indemnify, defend and hold harmless dotCanada and its affiliates, directors, officers, employees, and agents from and against any and all liability, losses, damages, injuries, or expenses (including attorney's fees and expert witness charges) arising out of any claimed or alleged action or inaction toward any third party whether such claimed or alleged action or inaction arises out of a claim of misuse of copyrighted materials, license violation, domain misuse, trademark misuse, or any active or passive negligence.

11. Confidentiality

During and after the term of this Agreement, you shall hold in confidence and not disclose to third parties any Confidential Information of dotCanada or use the Confidential Information for any purpose other than the purposes contemplated by this Agreement. "Confidential Information" means non-public information that dotCanada designates as being confidential or which, under the circumstances, should reasonably be considered confidential. Confidential Information includes, without limitation, information about dotCanada's business plans, technical data, and the terms of this Agreement.

The foregoing obligations do not apply to information that: (a) is or becomes generally known to the public through no fault of yours; (b) was known by you prior to receipt from dotCanada; (c) is disclosed to you by a third party who had the right to make such disclosure; or (d) is independently developed by you without reference to the Confidential Information.

12. Miscellaneous

12.1 Authority

Each party represents to the other that it has full binding authority to enter into this Agreement and in the case of any entity other than an individual that the person assenting to the terms of this Agreement has the full binding authority of the entity purportedly bound.

12.2 Non-Infringement

You agree that in the course of any performance under this Agreement or otherwise with respect to any dealings between you and dotCanada that you will not infringe on any third party's copyright, patent, trademark, trade secret, or other proprietary rights or right of publicity or privacy.

12.3 Violation of Law

You vow to uphold the laws of your respective jurisdiction and that you will not violate any applicable law, ordinance, regulation, or standard. You understand and accept responsibility to file any necessary paperwork or tax forms with the appropriate parties for any and all payments made as a result of this service and the terms and conditions set forth herein.

12.4 Federal Trade Commission Regulations

In addition to the rules set forth in this Agreement, you agree to adhere to rules set forth by the US Federal Trade Commission (FTC) and Canadian regulatory bodies, specifically rules that apply to affiliate marketing.

These rules require that you disclose your relationship with dotCanada in your marketing. You must declare the financial relationship between you and dotCanada in a prominent location on your websites in order to be in compliance with applicable regulations. dotCanada retains the right to withhold payout amounts and/or cancel your affiliate account should it be determined that you are not in compliance with applicable regulations. dotCanada will be the sole arbiter as to what constitutes non-compliance.

12.5 Modifications to the Agreement

dotCanada reserves the right to modify this Agreement at any time without notice to you. Changes shall take effect when posted online. You agree to review this Agreement periodically to make yourself aware of any such revisions. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the Affiliate Program.

12.6 Governing Law

This Agreement and its interpretation are subject to the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties must irrevocably submit all disputes arising out of this Agreement to the courts of the Province of Ontario, including disputes regarding the Agreement's interpretation and its effects.

12.7 Severability

Should any provision of this Affiliate Program Agreement be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Affiliate Program Agreement and shall not affect the validity or the enforceability of the remaining provisions.

12.8 Entire Agreement

This Agreement constitutes the entire understanding between the parties and revokes and supersedes any and all prior agreements and is intended to be a full and complete expression of the agreement between the parties.

12.9 Use Constitutes Full Acceptance

Your agreement to the terms set forth herein is manifested by any participation in the dotCanada Affiliate Program, including the submission of the affiliate application form and the collection of any commission under this Agreement.

13. Contact Information

If you have any questions about this Affiliate Program Agreement, please contact:

dotCanada.com
299 Northfield Dr. East
Suite 1A Upper
Waterloo, Ontario
Canada N2K 4H2
Email: affiliates@dotCanada.com