This translation is provided for informational purposes only. The legally binding version of these terms is the Estonian-language original, and Estonian law applies. In the event of any discrepancy, the Estonian version prevails.
Introduction
We reserve the right to amend the terms of the Program or to terminate the Program at any time. Upon the amendment of the terms or termination of the Program, all discounts already granted and bonuses credited to the Affiliate’s account prior to that time shall remain valid, except as otherwise provided in these terms.
1. Affiliate Program and Membership Status
1.1 The purpose of the affiliate program (the “Program“) of OÜ Virtuaal.com (registry code 11072764, e-mail support@virtuaal.com; “Virtuaal“) is to encourage existing customers to recommend Virtuaal’s services and to recognize the most active referrers.
1.2 Any customer of Virtuaal whose application to join has been approved by Virtuaal may be a member of the Program (an “Affiliate“). By applying, the applicant confirms their agreement to these terms. When approving or rejecting an application, Virtuaal takes into account the customer’s tenure, payment history, and other relevant circumstances, but is not required to justify its decision.
1.3 The Affiliate’s membership terminates if:
- (a) the Affiliate gives notice of their desire to leave the Program;
- (b) the customer agreement between the Affiliate and Virtuaal terminates;
- (c) Virtuaal terminates the Affiliate’s membership or the Program.
Virtuaal may terminate the Affiliate’s membership with 14 days’ advance notice. In the event of a material breach of the terms, abuse of the Program, suspected fraud, activities damaging to Virtuaal’s reputation, or an outstanding debt, Virtuaal may terminate the membership immediately.
1.4 The termination of membership does not affect the use of membership bonuses credited to the Affiliate’s account prior to termination, except in the event of set-off, expiration of the right of use, reclamation, or breach, as provided for in these terms.
1.5 The Affiliate is not an employee, contractor, agent, or authorized representative of Virtuaal. The Affiliate does not have the right to enter into contracts on behalf of Virtuaal, make binding promises on behalf of Virtuaal, or assume obligations on behalf of Virtuaal.
2. Affiliate Link and Its Use
2.1 Virtuaal provides the Affiliate with a personal web address (an “Affiliate Link“), which the Affiliate may distribute subject to the restrictions set forth in these terms, and through which Virtuaal’s services can be ordered at a discount.
2.2 Web hosting plans Standard, Business, and Pro can be ordered through the Affiliate Link. Virtuaal grants each person ordering a service through the Affiliate Link (the “Subscriber“) a discount from the regular price of the service for the first 12 months as follows:
- Standard: 50%
- Business: 40%
- Pro: 30%
The condition for the discount is that the Subscriber selects a 12-month prepaid service period and maintains the selected plan or upgrades to a more expensive plan during the first 12 months. The discount applies exclusively to the base fee of the web hosting plan and does not extend to domains, VPSs, or other additional services. The Affiliate Link discount does not apply if another discount (including a promotional code, campaign price, or other discount) has already been applied to the order.
2.3 If the Subscriber voluntarily terminates the service during the first 12 months for reasons not arising from a breach of contract by Virtuaal or the exercise of the Subscriber’s statutory right of withdrawal or legal remedies, or changes the plan to a cheaper one, the condition for the discount is considered unfulfilled. In such a case, Virtuaal has the right to proportionally recalculate the price of the service period used by the Subscriber based on the regular price of the service and to set off the recalculated amount against the Subscriber’s prepayment. This clause does not limit the Subscriber’s statutory rights.
2.4 Virtuaal may change the selection of services that can be ordered through the Affiliate Link and the discounts granted to Subscribers at any time by notifying the Affiliate and/or the public. The change does not affect the discount already granted to a Subscriber before the change comes into effect, unless otherwise provided by these terms.
3. Accumulation of the Membership Bonus
3.1 Virtuaal calculates a membership bonus for the Affiliate for services ordered through their Affiliate Link. The bonus is calculated solely on the net amount (excluding VAT) of invoices actually paid. The bonus is conditional upon the order being correctly registered through the Affiliate Link in Virtuaal’s system. The membership bonus is calculated exclusively on orders placed at the regular price. If the Subscriber uses another promotional code, campaign price, or other discount upon ordering (excluding the Affiliate Link discount and the period discount related to prepayment), the membership bonus will not be calculated for that order.
3.2 The membership bonus applies only to web hosting plans Standard, Business, and Pro. The Program does not extend to VPSs, domains, or other additional services.
3.2.1 When the service is ordered, Virtuaal calculates a one-time bonus for the Affiliate for the first year as follows:
- Standard: 40 euros
- Business: 65 euros
- Pro: 100 euros
If the Subscriber continues using the service after the first year, Virtuaal calculates a bonus for the Affiliate amounting to 15% of the net amount of the invoices for the second and third years of service. The calculation of the bonus ends after the third year of service.
3.2.2 Unless otherwise provided by these terms, in particular Clause 3.3, upon changing the plan, subsequent bonuses shall be calculated based on the actually paid net amount of the new plan. If the Subscriber switches to a service not included in the Program or the service is terminated, the calculation of the bonus also ends.
3.3 If the Subscriber cancels the service or changes the plan to a cheaper one during the first year, Virtuaal has the right to reclaim the membership bonus calculated for that service in full. During the second and third years, Virtuaal may reclaim the membership bonus in proportion to any refunds or set-offs made to the Subscriber. Virtuaal may set off the reclaimed bonus against the Affiliate’s future bonuses or account credit; if the bonus has already been paid out to the Affiliate, the Affiliate shall return it at Virtuaal’s request within 14 days. If the reclaimed bonus has already been used to pay for Virtuaal’s services, Virtuaal has the right to treat the corresponding amount as a debt owed by the Affiliate and demand its payment within 14 days.
3.4 Virtuaal may refuse to calculate the bonus, suspend the crediting of the bonus, or reclaim the bonus if there is a reasonable suspicion that the order has been made to abuse the Program or for personal gain (self-referral). When assessing such suspicion, Virtuaal may consider, among other things, the use of the same payer, overlapping contact details, the same registry code or VAT number, related companies, the same device or IP address, and other similar identifiers.
3.5 Virtuaal does not guarantee the registration of the bonus if the identification of the referral fails due to technical reasons beyond Virtuaal’s control (e.g., the Subscriber uses an ad blocker or private browsing mode, the browser refuses cookies, or the Affiliate Link has been manually altered).
4. Use and Payout of the Membership Bonus
4.1 The membership bonus is confirmed, made available for use, and credited to the Affiliate’s account if (a) at least 90 days have passed since the service was ordered and the service is still active, (b) neither the Affiliate nor the Subscriber has an outstanding debt to Virtuaal, and (c) there is no basis under these terms for canceling, suspending, or reclaiming the bonus. The Affiliate can view their bonus balance in Virtuaal’s self-service portal. Virtuaal may send periodic overviews to the Affiliate by e-mail.
4.2 The bonus credited to the account can be used by the Affiliate provided the unused bonus balance is at least 50 euros. By default, the bonus is applied when paying for Virtuaal’s services – in this case, the invoice amount is reduced by the applied bonus amount.
4.3 The Affiliate may request a monetary payout of the bonus via the self-service portal or by e-mail. Virtuaal will make the payout within a reasonable time after receiving the request and the necessary details. From a payout made to an Affiliate who is a natural person, Virtuaal withholds or pays taxes according to the laws in force at the time of the payout and the tax treatment of the payout; the use of an entrepreneur account or other special regime is possible only if it is legally permissible for the specific payout and the Affiliate has provided Virtuaal with the necessary data before the payout is made. An Affiliate that is a legal entity may submit an invoice to Virtuaal for the payout of the bonus, which Virtuaal will pay (VAT-liable entities shall add VAT).
4.4 Upon the termination of the customer agreement between the Affiliate and Virtuaal, any bonus credited to the Affiliate’s account shall be set off against Virtuaal’s outstanding claims. Bonuses that have not been credited to the Affiliate’s account by the time of the termination of the customer agreement shall be canceled, unless Virtuaal decides otherwise.
5. Expiration of the Right to Use Account Credit
5.1 The right to use a membership bonus credited to the Affiliate’s account that remains unused expires 3 years after the bonus is credited to the account. Virtuaal shall notify the Affiliate of the expiration of the right of use at least 30 days in advance via the e-mail address associated with the Affiliate’s account.
6. Affiliate’s Obligations and Prohibited Activities
6.1 The Affiliate undertakes to distribute the Affiliate Link in good faith and without damaging Virtuaal’s reputation.
6.2 The Affiliate is prohibited from:
- distributing the Affiliate Link using spam, misleading advertising, or cookie stuffing;
- bidding on Virtuaal’s trademarks, business names, domains, or confusingly similar marks in paid search advertising (e.g., Google Ads) (brand bidding);
- creating websites, domain names, social media accounts, or other channels that give the impression of an official Virtuaal presence.
6.3 In the event of a breach of this Clause, Virtuaal may terminate the Affiliate’s membership immediately, cancel the calculated bonuses, and reclaim the paid-out bonuses.
7. General Terms
7.1 The identification of referrals through the Affiliate Link and the processing of related data are carried out in accordance with Virtuaal’s Privacy and Cookie Policy.
7.2 Matters not regulated by these terms shall be governed by Virtuaal’s General Terms and Conditions and the laws of the Republic of Estonia.