These Affiliate Program Terms & Conditions (“Affiliate Terms”) govern participation in the FairApex Affiliate Program operated by Smart Information Technologies (Pvt) Limited, Emirates Tower, 2nd Floor F-7 Markaz, Islamabad, Pakistan (“FairApex”, “we”, “us” or “our”).

By applying to, joining, accessing or participating in the FairApex Affiliate Program (“Affiliate Program”), you agree to these Affiliate Terms, our general Terms & Conditions, Acceptable Use Policy, Privacy Policy, and other applicable FairApex policies.

If you do not agree to these Affiliate Terms, you must not participate in the Affiliate Program.

1. The Affiliate Program

1.1

The FairApex Affiliate Program allows approved affiliates (“Affiliate”, “you” or “your”) to promote FairApex products and earn commissions on qualifying purchases made by customers referred through the Affiliate’s approved referral methods.

1.2

The Affiliate Program is currently free to join. No purchase of FairApex hosting or another FairApex service is required to become an Affiliate.

1.3

Participation in the Affiliate Program is subject to approval by FairApex. We may approve or reject an application at our discretion.

1.4

An Affiliate is an independent promoter and is not an employee, agent, partner, representative or legal representative of FairApex.

1.5

You must not represent yourself as having authority to enter into contracts, make guarantees, provide binding quotations, or otherwise act on behalf of FairApex.

2. Commission Structure

2.1

The FairApex Affiliate Program currently provides recurring commissions on eligible hosting payments at the following rates:

2.2

The applicable commission rate is determined by the hosting plan purchased by the referred customer.

2.3

Commission is calculated on qualifying hosting payments actually received and retained by FairApex, subject to these Affiliate Terms.

2.4

The commission structure may be changed for future purchases or future referrals. Any commission that has already been validly earned before a change will not be retroactively reduced.

2.5

A plan upgrade, downgrade, product change, cancellation, refund or other change to a customer’s service may affect future commissions.

3. Recurring Commissions

3.1

For a qualifying referral, an Affiliate may earn commission on the customer’s initial eligible hosting payment and on subsequent eligible hosting renewal payments for as long as the referral remains eligible under the Affiliate Program.

3.2

Recurring commission is not a guarantee that a customer will remain subscribed. Commission is payable only when the referred customer makes an eligible payment that is successfully received and retained by FairApex.

3.3

No commission is payable on a payment that is:

• refunded;

• reversed;

• charged back;

• cancelled before settlement;

• determined to be fraudulent;

• associated with an invalid or abusive transaction; or

• otherwise not retained by FairApex.

3.4

Where a previously paid commission relates to a customer payment that is later refunded, reversed or charged back, FairApex may deduct or reverse the corresponding commission from the Affiliate’s account or future commission balance.

4. What Earns Commission

4.1

Commission is paid on qualifying hosting plans purchased through an Affiliate referral.

4.2

Unless FairApex expressly states otherwise, the following do not earn affiliate commission:

• domain registrations;

• domain transfers;

• domain renewals;

• domain-related fees;

• SSL certificates;

• VPS services;

• virtual/private nameservers;

• add-ons;

• third-party products or licences;

• taxes and government charges;

• refunded transactions;

• chargeback amounts; and

• other products or charges expressly excluded from the Affiliate Program.

4.3

Where a bundled promotion includes free domains, free email, free SSL, migration or other promotional benefits, commission is calculated only according to the qualifying hosting purchase and applicable Affiliate Program rules.

5. Free Trial and Migration Referrals

5.1

FairApex may offer referred customers free migration, staging access or a free hosting trial under offers such as “Migrate • Trial • Pay” or “Pay Only If Satisfied.”

5.2

No affiliate commission is payable on a free trial because no payment has been received from the customer for the trial.

5.3

If the referred customer subsequently purchases an eligible hosting service, that paid transaction may qualify for affiliate commission provided that the transaction is properly attributed to the Affiliate and satisfies all other requirements of these Affiliate Terms.

5.4

A free trial or migration does not by itself create a commission entitlement.

6. Referral Tracking and Attribution

6.1

Affiliate commissions depend on successful tracking and attribution through the FairApex affiliate system.

6.2

Affiliates must use their assigned affiliate link, tracking code or other approved referral method.

6.3

A customer purchase may fail to be attributed to an Affiliate if tracking information is unavailable, deleted, blocked, overwritten, invalid or otherwise not recorded correctly.

6.4

FairApex does not guarantee that every visit, click, enquiry, sign-up or purchase will be successfully tracked.

6.5

Where multiple affiliates appear to be associated with the same customer, FairApex may determine attribution according to the rules and tracking configuration applicable to the Affiliate Program at the relevant time.

6.6

The applicable referral tracking or attribution period is determined by FairApex’s current affiliate tracking system and may be displayed in the Affiliate dashboard or applicable program information.

6.7

FairApex’s affiliate records and tracking systems will generally be treated as the authoritative source for determining clicks, referrals and commissions, subject to correction of demonstrated technical errors.

7. Self-Referrals and Related Transactions

7.1

You may not earn commission by purchasing FairApex services through your own affiliate link for your own personal or business use.

7.2

You must not create or encourage artificial referrals through:

• your own accounts;

• accounts controlled by you;

• accounts created solely to generate commission;

• fictitious customers;

• duplicate accounts; or

• transactions that are not genuine customer purchases.

7.3

We may withhold or reverse commissions associated with self-referrals, artificial transactions, related-party abuse or other transactions that we reasonably determine are not genuine independent customer purchases.

8. Honest and Accurate Promotion

8.1

Affiliates must promote FairApex honestly and accurately.

8.2

You may use FairApex’s published prices, approved promotional materials, product descriptions and other information made available for affiliate promotion.

8.3

You must not make claims that are false, misleading, outdated or unsupported.

8.4

In particular, you must not invent or misrepresent:

• discounts;

• coupon codes;

• prices;

• renewal pricing;

• service features;

• uptime guarantees;

• support availability;

• technical specifications;

• refund rights;

• promotional benefits; or

• guarantees allegedly provided by FairApex.

8.5

You must not imply that a promotion, discount or benefit is available when it is not actually offered by FairApex.

8.6

You must not represent your own statement or opinion as an official statement from FairApex.

9. Affiliate Disclosure

9.1

Where applicable, Affiliates must clearly disclose that they may receive a commission when someone purchases FairApex services through their referral.

9.2

The disclosure should be reasonably clear and understandable to the audience receiving the recommendation.

9.3

Affiliates must not conceal the commercial nature of the referral where disclosure is required or reasonably appropriate.

10. Spam and Unsolicited Promotion

10.1

Affiliates must not use spam or unsolicited communications to promote FairApex.

10.2

Prohibited methods include, without limitation:

• unsolicited bulk email;

• mass unsolicited WhatsApp messages;

• mass unsolicited direct messages;

• spam in Facebook or other social-media groups;

• automated messaging;

• unsolicited SMS;

• misleading mass-posting campaigns; and

• other forms of abusive or unauthorised solicitation.

10.3

Affiliates must comply with applicable laws, platform rules and communication-provider requirements when promoting FairApex.

10.4

A violation of this section may result in immediate suspension or termination of the Affiliate account and cancellation of affected commissions.

11. Search Advertising and Trademark Use

11.1

Affiliates must not bid on FairApex, FairApex.com, FairApex trademarks or common misspellings of FairApex trademarks in paid search advertising unless FairApex gives express written permission.

11.2

Affiliates must not purchase keywords intended to impersonate FairApex or compete directly with FairApex’s own branded search traffic.

11.3

Affiliates must not create websites, domains, advertisements, social-media accounts or other materials that could reasonably confuse customers into believing that they are operated by FairApex.

11.4

Affiliates may use approved FairApex names, logos, graphics and promotional materials only in accordance with the instructions provided by FairApex.

11.5

Affiliate permission to use FairApex branding may be withdrawn at any time.

12. Prohibited Affiliate Activities

You must not participate in the Affiliate Program through:

• fraud;

• misleading advertising;

• fake testimonials or fabricated customer experiences;

• impersonation;

• phishing;

• malware;

• browser hijacking;

• cookie stuffing;

• forced clicks;

• hidden redirects;

• traffic laundering;

• automated or artificial clicks;

• fake leads;

• incentivised transactions not approved by FairApex;

• misleading comparison websites;

• domain names designed to impersonate FairApex;

• unlawful content or activity; or

• any method intended to manipulate affiliate tracking or commission calculations.

13. Promotional Content

13.1

FairApex may provide affiliates with approved banners, graphics, social posts, videos, links, product information or other promotional material.

13.2

You may use approved materials for legitimate FairApex promotion subject to any instructions provided with those materials.

13.3

You must not substantially alter FairApex promotional materials in a way that changes their meaning or creates a misleading impression.

13.4

FairApex may require you to remove or modify promotional content that is inaccurate, outdated, misleading or inconsistent with our branding.

14. Affiliate Payouts

14.1

Affiliate commissions become eligible for payment only after the underlying customer payment has been successfully received and is no longer subject to a refund, reversal, chargeback or other reasonable payment-risk review.

14.2

FairApex may hold commissions temporarily where necessary to investigate fraud, payment disputes, refunds, unusual activity or other legitimate concerns.

14.3

Affiliate payouts may be subject to a minimum payout threshold and payout schedule specified within the Affiliate dashboard or applicable program information.

14.4

Pakistan-based Affiliates may receive payments through supported local methods such as:

• bank transfer;

• JazzCash; or

• Easypaisa.

14.5

International Affiliates may be paid through the international payment method or currency made available by FairApex.

14.6

Payment methods may be changed or restricted depending on operational, banking, regulatory or payment-provider requirements.

14.7

An Affiliate is responsible for providing accurate payout information and maintaining access to the payment account provided to FairApex.

15. Taxes

15.1

Affiliates are responsible for determining and complying with their own tax obligations arising from affiliate commissions.

15.2

FairApex may deduct or withhold taxes or other amounts where required by applicable law or a competent authority.

15.3

Where applicable, FairApex may request information reasonably necessary for payment processing, tax reporting, identity verification or compliance purposes.

16. Commission Reviews and Corrections

16.1

We may review commission transactions to identify errors, duplicate referrals, fraud, abuse, refunds, chargebacks or other irregularities.

16.2

If we identify a commission that was incorrectly credited, we may correct the Affiliate balance.

16.3

We may reverse commissions arising from transactions that are later cancelled, refunded, charged back, determined to be fraudulent or otherwise found to be ineligible.

16.4

Where a correction results in a negative balance, FairApex may offset that balance against future commissions or request repayment where appropriate.

17. Affiliate Account Security

17.1

You are responsible for maintaining the security of your FairApex affiliate account and referral credentials.

17.2

You must not share your affiliate account credentials with unauthorised persons.

17.3

You must promptly notify FairApex if you suspect unauthorised access, misuse or compromise of your affiliate account.

18. Customer Relationship

18.1

A referred customer becomes a direct FairApex customer and is subject to FairApex’s own Terms & Conditions, Privacy Policy, Refund & Cancellation Policy and Acceptable Use Policy.

18.2

Affiliates do not own or control the customer relationship merely because they referred the customer.

18.3

FairApex may communicate directly with referred customers regarding orders, service delivery, support, billing, renewals and other matters.

19. No Guarantee of Earnings

19.1

FairApex does not guarantee that an Affiliate will generate any particular number of clicks, referrals, sales or commissions.

19.2

Any earning examples, calculations or illustrations displayed on FairApex.com are examples only and do not constitute a guarantee of future income.

19.3

Actual earnings depend on factors including customer demand, products purchased, applicable commission rates, customer retention, refunds, payment status and successful attribution.

20. Changes to the Affiliate Program

20.1

FairApex may change the structure, commission rates, eligible products, payout methods, tracking rules, promotional materials or other aspects of the Affiliate Program from time to time.

20.2

Changes to commission rates will not retroactively reduce commissions that have already been validly earned.

20.3

Future commission earnings may be subject to the program terms and rates applicable at the relevant time.

20.4

FairApex may discontinue particular products, promotions or affiliate benefits where necessary for business, technical, legal, security or operational reasons.

21. Suspension and Termination

21.1

FairApex may suspend or terminate an Affiliate account if we reasonably believe that the Affiliate has:

• breached these Affiliate Terms;

• engaged in fraud or abuse;

• used spam or unauthorised promotional methods;

• manipulated affiliate tracking;

• generated artificial or fraudulent transactions;

• used misleading advertising;

• improperly used FairApex trademarks;

• violated applicable law;

• damaged the reputation of FairApex; or

• otherwise acted contrary to the interests or rules of the Affiliate Program.

21.2

We may suspend an account while investigating suspected violations.

21.3

In serious cases, termination may take effect immediately.

21.4

Upon termination for fraud, abuse or a material breach, FairApex may withhold unpaid commissions associated with the violation and may reverse commissions that were improperly earned.

21.5

Termination does not affect commissions that were validly earned before termination except where reversal is permitted under these Affiliate Terms because of refunds, chargebacks, fraud, abuse or another invalidating event.

22. Suspension or Termination of the Affiliate Program

FairApex may suspend or discontinue the Affiliate Program, in whole or in part, where reasonably necessary for business, legal, technical, financial, security or operational reasons.

Any commissions already validly earned before the effective discontinuation date will remain subject to the applicable payout and verification conditions.

23. Intellectual Property

23.1

FairApex retains all rights in its trademarks, logos, branding, website content, promotional materials, software and other intellectual property.

23.2

Participation in the Affiliate Program does not transfer any ownership rights to an Affiliate.

23.3

FairApex grants Affiliates a limited, revocable, non-exclusive, non-transferable permission to use approved FairApex promotional materials solely for promoting FairApex through the Affiliate Program.

23.4

This permission automatically ends when your participation in the Affiliate Program ends or when FairApex withdraws the applicable permission.

24. Affiliate Indemnity

To the extent permitted by applicable law, you agree to indemnify and hold harmless FairApex and Smart Information Technologies (Pvt) Limited from claims, losses, liabilities, damages and reasonable expenses arising from:

• your breach of these Affiliate Terms;

• your promotional activities;

• your violation of applicable law;

• your infringement of another person’s rights;

• your unauthorised use of FairApex branding or content; or

• fraud, misconduct or unlawful activity associated with your Affiliate account.

25. Limitation of Liability

25.1

To the maximum extent permitted by applicable law, FairApex will not be liable for indirect, incidental, special, consequential or economic losses arising from participation in the Affiliate Program.

25.2

FairApex does not guarantee uninterrupted access to the Affiliate dashboard, tracking system, reporting system or payout system.

25.3

FairApex is not responsible for commissions that cannot be attributed because of tracking failures, deleted cookies, browser restrictions, technical failures, ad-blocking, customer actions or other circumstances outside our reasonable control.

25.4

Nothing in these Affiliate Terms excludes or limits liability that cannot legally be excluded or limited.

26. Independent Relationship

26.1

The Affiliate Program does not create an employment relationship, partnership, joint venture, franchise, agency or formal representative relationship between you and FairApex.

26.2

You are responsible for your own business, promotional activities, expenses, equipment and operating costs.

26.3

You have no authority to make commitments, warranties, representations or agreements on behalf of FairApex.

27. Electronic Acceptance

You may accept these Affiliate Terms electronically when joining or continuing to participate in the Affiliate Program.

Where permitted by applicable law, electronic records of your application, acceptance, account activity and communications may be retained as evidence of your agreement with FairApex.

28. Governing Law and Jurisdiction

28.1

These Affiliate Terms shall be governed by the applicable laws of the Islamic Republic of Pakistan, subject to any mandatory rights that cannot lawfully be excluded.

28.2

Subject to applicable law, disputes arising from or relating to the Affiliate Program or these Affiliate Terms shall be subject to the jurisdiction of the competent courts in Islamabad, Pakistan.

29. Severability

If any provision of these Affiliate Terms is determined to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law or treated as severed where necessary. The remaining provisions will continue in effect.

30. Entire Agreement

These Affiliate Terms, together with the FairApex Terms & Conditions, applicable Affiliate Program information, published commission rules and other documents expressly incorporated into them, constitute the agreement governing participation in the Affiliate Program.

31. Contact

FairApex
Owned and operated by:

Smart Information Technologies (Pvt) Limited
Islamabad, Pakistan

Website: FairApex.com

For affiliate-related enquiries, please use the official contact or support channels provided on FairApex.com.

By joining or participating in the FairApex Affiliate Program, you confirm that you have read, understood and agreed to these Affiliate Program Terms & Conditions.