Affiliate Program Terms

These Affiliate Program Terms ("Affiliate Terms") are an agreement between you and Brandon Gamez, doing business as GamezServers ("GamezServers", "we", "us"). They add to our Terms of Service and Privacy Policy, which also apply to you. You accept them by ticking the box when you join the affiliate program (the "Program") in your dashboard. If these Affiliate Terms and the Terms of Service conflict about the Program, these Affiliate Terms win.

The Program runs at our discretion. No commission rate is fixed or promised by these Affiliate Terms. We can change the rate and rules, or pause or end the Program, as described in Our discretion and changes.

Joining

You must be at least 18 years old, have a GamezServers account in good standing, and be able to receive payments and give us the tax information we need.
We may accept or refuse anyone, and may remove anyone from the Program, at our discretion.
One affiliate membership and one promo code per person. People working together, living together or acting for each other count as one person.

When you join you choose a promo code. Buyers can type it at checkout or open your link, which fills it in for them.

Codes must not use our name, look official, or include anyone else's trademark, and must not be offensive or misleading. We may refuse, change or deactivate a code, for example if it breaks these rules, appears on a coupon site or leaks in a way that causes abuse.
You may choose to give buyers a discount on their first payment, up to the limit shown in your dashboard. That discount is taken out of your commission on that first payment. You can change the discount at any time, and a change applies only to purchases made after it.
Your code and link are for you to share. They are not transferable and have no value of their own.

How commissions work

A "Qualifying Purchase" is a new game server bought with your code while you are in the Program, where the buyer is not you or someone acting for you.

For each payment made on a Qualifying Purchase's server, including payments from friends who split that server's bill, you may earn a commission at the rate the Program offers when that payment is made. The current rate is shown in your dashboard and on our work with us page.
On the owner's first payment, the rate is reduced by the discount your code gave the buyer. For example, at a 20% rate with a 10% buyer discount, you earn 10% on that first payment and 20% on later payments.
Commissions are calculated on the amount the payer actually paid, after all discounts and not counting taxes, refunds or chargebacks.
Nothing is earned on payments that are refunded, charged back, disputed, fraudulent, or made by you or for you.
If a buyer tells us they came from someone else, or two affiliates claim the same buyer, we decide who, if anyone, is credited. Our records decide what counts as a Qualifying Purchase.

When a commission is earned

A commission starts as pending when a payment is made. It becomes earned only after the holding period shown in your dashboard (currently 30 days) has passed without that payment being refunded, charged back, disputed or reversed, and without the commission being withheld under Withholding and reversals. Until a commission is earned, we do not owe it to you.

Payouts

We pay earned commissions by hand, to the payout email in your dashboard or another method we agree on, once your earned balance reaches the minimum shown in your dashboard (currently 25 US dollars). We usually pay once a month, but we decide the schedule.
Balances under the minimum carry over to later months.
You are responsible for giving us correct payout details. Payments sent to the details you gave us count as paid. Fees charged by the payout provider may be deducted.
Before your first payout, you must give us any tax forms we ask for, such as a W-9 if you are in the United States or a W-8BEN if you are not. We may hold payouts until we have them.
Payouts are in US dollars.

Withholding and reversals

We may withhold, reduce, reverse or refuse to pay any commission, pending or earned, that we determine in good faith is connected to:

a refund, chargeback, payment dispute or fraudulent payment,
a purchase by you or someone acting for you, or by accounts we reasonably believe are linked to you,
promotion that breaks these Affiliate Terms or the law,
fraud, abuse, manipulation or artificial activity of any kind, or
missing, false or incomplete tax or payout information after we have asked for it.

If a payment we already paid you a commission on is later refunded or charged back, we may take that amount from your future commissions or ask you to repay it. While we investigate suspected fraud or abuse, we may hold your payouts for a reasonable time.

Our discretion and changes

We run the Program at our discretion. At any time, we may:

change the commission rate, the maximum buyer discount, the holding period, the payout minimum, the payout schedule or method, or any other part of the Program,
change which purchases or payments earn commissions, or stop paying commissions on future payments from past buyers,
limit who can join, or
pause or end the Program for everyone.

We will tell you about these changes by email or in your dashboard before they take effect, usually at least 7 days before, except where we need to act sooner to stop fraud or abuse or to follow the law. Changes apply only to payments made after they take effect. They do not take away commissions that were already earned, except under Withholding and reversals.

If you do not want to keep going under the changed Program, you can leave it at any time. Continuing to promote your code after a change takes effect means you accept it.

Promotion rules

You must promote GamezServers honestly and lawfully. In particular:

Disclose your commission. Make it clear, close to your link or code, that you earn from it, for example "#ad" or "I get a commission if you use my code". This is required by the US Federal Trade Commission's endorsement rules and similar laws elsewhere, and you are responsible for following them.
Be truthful. Do not make false or misleading claims about our prices, features, uptime or performance, or promise discounts or deals we do not offer.
No paid search on our name. Do not bid on "GamezServers" or anything similar in search ads, and do not run ads that look like they come from us.
No coupon or deal sites. Do not post your code on coupon, voucher or deal aggregator websites or browser extensions.
No spam. No unsolicited messages, bulk direct messages, comment spam or messages to people who did not agree to hear from you.
No tricks. No cookie stuffing, forced clicks, hidden links, bots, fake accounts, fake reviews, or paying or rewarding people with money to use your code, other than the buyer discount the Program offers.
No self referral. Do not use your own code or get friends, family or people you pay to buy through it on your behalf.
Our brand. You may use the name GamezServers to refer to us accurately. Do not register domains, usernames or social media accounts that include our name, change our logo, or suggest we endorse you. Stop using our name and materials when we ask or when you leave the Program.
Respect others. Follow the rules of every platform you post on, and do not promote us alongside illegal, hateful or adult content.

Your relationship with us

You are an independent contractor. Nothing in these Affiliate Terms makes you our employee, partner, agent, joint venturer or franchisee. You cannot make promises or agreements for us. You decide how you promote, within these rules, and you pay your own costs.

Taxes

You are responsible for reporting and paying all taxes on what you earn. We will issue tax forms such as Form 1099 where the law requires, and may withhold tax from payouts where the law requires.

Leaving the Program and termination

You can leave the Program at any time by emailing support@gamezservers.com.
We can remove you from the Program, or end it, at any time. If we remove you or end the Program for a reason other than your breach, we pay the commissions you had already earned, even if they are below the payout minimum, within 60 days, once any holding period and tax requirements are met.
If we remove you because you broke these Affiliate Terms or committed fraud, you lose any commissions connected to that breach, and if the breach is fraud, all unpaid commissions.
After you leave or are removed, your code stops working and you stop earning commissions, including on buyers you referred before.

Limitation of liability

To the fullest extent the law allows, our total liability to you relating to the Program is limited to the earned commissions we owe you and have not paid. We are not liable for any indirect or consequential damages, or for lost profits or opportunities, relating to the Program. The disclaimers and limitations in our Terms of Service also apply.

Indemnity

You will defend, indemnify and hold harmless GamezServers and Brandon Gamez from claims, losses, fines and costs, including reasonable legal fees, arising from your promotion, your content, or your breach of these Affiliate Terms or any law.

Disputes

Disputes about the Program are resolved as described in the Disputes and arbitration section of our Terms of Service, including binding individual arbitration and the class action waiver, under Michigan law.

Changes to these terms

We may update these Affiliate Terms as described in Our discretion and changes. The "Last updated" date at the top shows the latest version.

Contact

Brandon Gamez, doing business as GamezServers, Michigan, United States. Email: support@gamezservers.com.