TMDHosting.com (“TMDHosting”), a US based corporation with business address 618 E. South St. Suite 500, Orlando, FL 32801.This agreement is entered into by TMDHosting and each of its Affiliate(s). “You”, “Your” refers to each and every affiliate of the TMDHosting affiliate program. Participation in the program constitutes full and complete acceptance of the Terms Of Service set forth herein.
This Services Agreement explains our obligations to you, and explains your obligations to us for the Affiliate Program offered by TMDHosting. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional TMDHosting service(s) or products or to cancel your TMDHosting service(s) (even if we were not notified of such authorization), this Services Agreement covers such service or actions.
II. TMDHOSTING RIGHTS AND OBLIGATIONS
Upon your acceptance, TMDHosting will provide you with an affiliate URL to specifically identify you and will give you a unique link to the TMDHosting website so that your referrals and sales can be tracked easily. You may post this link in any location, as many times as you like and by doing so you agree to the remaining part of these terms of services.
TMDHosting utilizes cookies to maintain tracking information for up to 90 days. TMDHosting will pay you a commission for each such referral made in compliance with this agreement pursuant to the commission schedule and the terms set forth in this affiliate agreement.
TMDHosting will make every reasonable endeavour to provide you with password protected access to a report in the Affiliate Area that shows the net revenue for each of the hosting packages that have been purchased.
TMDHosting will make every reasonable attempt to: tag the identity of all visitors; record all sales made by the Affiliate; record the payment history of all commissions.
TMDHosting reserves the right to terminate this Agreement if it is determined that your site is unsuitable. Inappropriate sites may include but are not limited to the following content: sexually explicit materials, content targeted towards children or minors, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, illegal activities, or violation against intellectual property rights (“IP rights”).
TMDHosting will have the sole right and responsibility to service all customers secured through your affiliate URL. All dealings with customers for web hosting and related services will be done directly and solely between the Customers and the Company. TMDHosting shall have the right and obligation to determine all pricing and product offerings and shall have the right to make any changes thereto without notice to affiliate. All customers of TMDHosting, regardless of origin or referral, are the sole property and responsibility of TMDHosting.
IF YOU DECIDE NOT TO ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT COPY BANNER CODE, TEXT LINK CODE, PROMOTIONAL COPY OR ANY INFORMATION PERTAINING TO TMDHOSTING.
III. AFFILIATE RIGHTS AND OBLIGATIONS
You are allowed to open and run only one affiliate account; odd accounts will be closed at our sole discretion. You agree to register and maintain correct and truthful contact information with TMDHosting.
You are responsible for promoting TMDHosting by implementing the advertising, banners and tracking URL’s on your websites, emails or other communication channels.
Affiliates are not allowed to bid on keywords and phrases containing the “TMDHosting” trademark or any variations of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, MSN, Ask, Bing, etc.) without prior approval by The Company.
Affiliates are not allowed to target TMDHosting coupon keywords. Violations may result in the invalidation of referral commissions and/or immediate termination of affiliate account. TMDHosting will be the sole arbitrator as to what constitutes a violation.
Affiliates are not allowed to submit any custom coupon codes provided by The Company to any coupon code websites or any third party websites not directly associated to their own affiliate campaigns related to promoting the services of The Company and referring customers to it. Affiliates are also responsible to monitor and keep their coupons private from any websites, social channels and other not related to their own affiliate campaign. All sales generated via coupon websites/pages are non-commissionable. Those affiliates who violate the above are subject to a reversal of commissions and termination of affiliate program membership.
Affiliates MAY NOT engage in the advertisement of business-opportunity sites or use marketing practices that attract fraudulent or short-term customers (customers with low retention and renewal rates) which shall be determined at our sole discretion.
Upon acceptance into the Affiliate Program, links and banners will be made available to you through the affiliate interface. You acknowledge and agree that you shall not:
· Use the TMDHosting logo without our prior written approval. The TMDHosting logo shall be removed from your publishing location immediately upon request. TMDHosting may lock your affiliate account immediately and without further notice if you fail to remove the TMDHosting logo from your publishing location upon request;
· Use any creatives that do not comply with TMDHosting guidelines. If your creative requirements are not met by our current content offering, please contact us to discuss your individual needs;
· Create domain forwarding directly to our site using your affiliate link;
· Engage in activities that TMDHosting determines, in its sole discretion, to be harmful to its customers, employees, operations, or reputation.
You also acknowledge and agree that your web site or publishing location shall not:
· Include the TMDHosting trademark, trademark with keywords or any misspellings in any domain names;
· Contain false, inaccurate or misleading information about TMDHosting products and services;
· In any way copy or resemble the look and feel of TMDHosting’s website or website content, and You shall not create the impression that Your website or publishing location is part of TMDHosting’s network of websites;
· Display, promote or sell illegal content, or offer any illegal product or service;
· Engage in sending unsolicited commercial email (“spam”) or indiscriminate advertising;
· Contain pornographic or obscene content, tasteless images, or excessively violent or hate-related material, as determined by TMDHosting in its sole discretion;
· Violate any applicable law;
· Advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity;
· Contain links to websites containing any of the aforementioned content;
· Cause any purchases to be made that are not in good faith (such as using any device, program, robot iframes, or hidden frames, use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral link, etc.)
· Replaces DNS errors caused by mistyping the domain name tmdhosting.com with a page showing the appropriate TMDHosting banner or affiliate link to our web site.
TMDHosting will track all commissions earned and may, at its sole discretion, decide not to pay any commission to you should we believe that any referral has been made in violation of its guidelines, due to visitor/customer fraud, or due to visitor/customer contract cancellation. It is your sole and absolute duty to follow precisely this Agreement and its guidelines at all times. TMDHosting is under no obligation whatsoever to pay any commission to any affiliate who does not strictly follow this Agreement and its guidelines, as modified from time to time.
· Contains software or uses technology that attempts to intercept, divert or redirect Internet traffic to or from any other web site, or that potentially enables the diversion of affiliate commissions from another web site. This includes toolbars, browser plug-ins, extensions and add-ons;
You will present only content and topics on your site which are pre-approved in writing by TMDHosting. Content that is deemed unsuitable in TMDHosting ‘s sole discretion will result in the immediate termination of the affiliate agreement.
As an affiliate, we provide you with the links and banners necessary to promote TMDHosting products and services, which you may display in any area of your web site or publishing location as you wish. The links will identify your site as a member of our Affiliate Program and will establish a link from your web site or publishing location to ours. You may promote the products and services that TMDHosting offers in any manner you choose unless it misleads visitors about TMDHosting services.
You will be solely responsible for the development, operation, maintenance of your, all materials that appear on your site and that would be at your own expense. You will be solely responsible for ensuring that materials posted on your site are not libelous or otherwise illegal or infringe the intellectual property rights of third parties. Since we do not have control over your site, we disclaim all liability for these matters. Furthermore, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorney’s fees) relating to the development, operation, maintenance, and contents of your site. This provision on indemnification is without prejudice to our separate action or claim against you under applicable laws.
You agree that TMDHosting may amend this agreement at any time without notice to you.
You agree to stay informed regarding any changes to this agreement by checking the TMDHosting website on a periodic basis.
You are only responsible for directing customers to the TMDHosting website. Only properly tagged customers can be assigned to an affiliate. Should an affiliate tag be improperly inserted into the affiliate site or not properly received by the TMDHosting web server the resulting customer’s registration and transactions will not be assigned to the affiliate. Therefore it is the responsibility of the affiliate to ensure that all links are properly tagged.
The Federal Trade Commission (FTC) requires that connections between advertiser and endorsers be conspicuously disclosed. Blogs, websites, ratings and review sites, and similar must declare the compensation arrangement with the advertiser. As such, you must declare the financial relationship between you and TMDHosting in a prominent location on your website/s in order to be in compliance with the FTC. TMDHosting retains the right to temporarily or permanently close your affiliate account, should it be determined that you are not in compliance with the applicable FTC regulations. TMDHosting will be the sole arbitrator as to what constitutes non-compliance.
Only approved and properly tagged creative materials, supplied by us, may be used to promote TMDHosting. Advertorials and personal endorsements are allowed but all materials not designed by TMDHosting must be approved in writing.
You may not modify or use for any other purpose any intellectual property rights, banners or other creative material supplied by us without the written prior consent of TMDHosting. All copyright or intellectual property rights notices on any material supplied or approved by TMDHosting must remain and not be modified or eliminated. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of TMDHosting.
By agreeing to participate in the TMDHosting Affiliate Program, you are agreeing to download banners, text or promotional material and place it on your site, utilize it within email or by direct marketing using your affiliate URL. These methods are the only approved methods by which you may advertise TMDHosting ‘s products and services.
Banners and links may not be placed within unsolicited email, unauthorized newsgroup postings, or chat rooms or through the use of “bots”. Traffic generated illegally will not be counted and may result in the termination of your affiliate account with us.
We will terminate this Agreement immediately if there is any form of spamming on your behalf or if you discredit TMDHosting through false advertising, written or uttered words.
Any claims, representations, or warranties in connection with TMDHosting are prohibited and are not bind to TMDHosting or to any obligations.
You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes TMDHosting damage. Should fraudulent activity arise through a person directed to a site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into.
We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold affiliate commissions with respect to such.
Affiliates are prohibited from signing up for any of the hosting services or products promoted by TMDHosting through their own affiliate link or from the affiliate link of an associate who shares all, or, part of the commission with the affiliate or a third party.
Affiliates should act in good faith to refer customers in good standing. Customers in good standing are hosting account owners who have provided valid contact information, are not flagged for high fraud risk, have active accounts that do not exceed any quotas or limitations as per the TMDHosting Terms of Service and actively use their accounts. Active account usage is determined at our sole discretion and may be based on any of the following: number and frequency of logins into the Client Area and account control panel; frequency of new content upload on the account; number of visits on the website and the frequency of such visits; any other way that unambiguously demonstrates the user actively operates with the account; etc.
All commissions that are paid to affiliates are calculated automatically, and are based on the commission structure presented at the affiliate home page, unless stated otherwise in a different agreement or in an appendix to this one, approved by both the affiliate and TMDHosting.
Commissions are paid when:
There is a successful purchase of one of the following products by customers, referred to TMDHosting site by an affiliate link: Shared and Cloud hosting packages; VPS hosting packages or Dedicated servers.
After our standard 30-day review period.
We reserve the right to extend the review period without prior notice for as long as is reasonably necessary in order to establish the validity of a sale.
In case the purchased account is a shared or a cloud hosting package and has a validity duration billing cycle of only 1 month the review period will be extended to 90 days.
The purchase has not been void, cancelled or revoked during the review period by the customer or by us and the account is active at the time of the payout and does not violate any of the Company’s Terms of Services.
Commissions are payable on the 5th day of the following month if automatic payout has been requested by the Affiliate. Alternatively, all amounts due will be paid out upon request.
All commissions, presented and paid, are in USD.
There is a minimum payout commission of $100, which needs to be reached by affiliates before any transfer to their PayPal account can take place, exclusive of any sign up bonus amount.
Commission levels are developed in a manner of fair motivation, created by the company for the affiliates in order to constantly maintain success. Affiliates are entitled to join the Default level upon sign up and throughout the month they can use all legal sources to enhance their performance and reach higher commission levels.
Commission levels are: Default, Level 1 and Level 2. At the beginning of each month, these levels are reset so that affiliates are added automatically to the Default level, unless validity period is exclusively determined other way by TMDHosting in an additional agreement.
Different campaigns carry different commission amounts, which are presented in the commission table on the affiliate home page.
Moving from one commission level to another can be done only within one campaign. Monthly commissions are manually approved at the end of each month and are paid to affiliates at the beginning of the month after the following when the minimum payout commission was reached.
In the cases an affiliate is found to be sending customers not in good standing any approved commission can receive an additional 90 day review period.
Commissions are paid on a unique purchase made by a new customer and not on an existing one or a subsequent renewal order. Only commissions with status APPROVED are paid to the affiliate and TMDHosting is the sole instance of approval.
Payment Form – commissions can be paid only through PayPal.
For payments to be made through PayPal, you must provide us with the necessary information upon sign up.
You, as an affiliate, act as a referring agent for TMDHosting. We reserve the right to refuse customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish.
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.
By opening an account as a customer, that person or entity will become a Customer of TMDHosting and, accordingly, all Customer rules, policies, and operating procedures will apply to them.
During the term of this Agreement, you may be entrusted with confidential information relating to the business, operations, or underlying technology of our affiliate program (including, for example, referral fees earned by you under the program). You agree not to disclose or use the confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information will survive the termination of this Agreement.
VI. LEGAL RESPONSIBILITIES
Ownership and content of the TMDHosting sites remain its respective properties and shall not be deemed to have been transferred to the affiliate through any act or omission in respect of the affiliation Agreement.
Ownership, content and liability for affiliate sites are the sole responsibility of the affiliate. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site and at your own cost.
You will indemnify and hold us unaccountable from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site. This provision on indemnification is without prejudice to our separate action or claim against you under applicable laws.
It is the affiliates’ responsibility to follow the correct linking and tagging procedure to ensure new customer tracking and payment. Presentation of our banners & content on affiliate’s site is the responsibility of the affiliate. The affiliate must ensure that our content is presented in accordance with our outlines.
The affiliate must ensure that any material posted on their site is legal and does not infringe copyright or violate any unlawful rights.
TMDHosting may modify any of the terms and conditions contained in this Agreement, at any time and at their sole discretion. Modifications may include changes in the scope of available referral fees, fee schedules, payment procedures, and referral program rules. It is your sole responsibility to keep yourself updated with the latest version of the terms and conditions of this agreement. IF ANY MODIFICATIONS ARE UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE POSTING OF A CHANGE OR NEW AGREEMENT ON THE TMDHOSTING SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
For the avoidance of doubt, the Affiliate agrees that TMDHosting Affiliates may use any personal information provided by the Affiliate for the purposes of verifying your identity and/or request supporting documents for the same purpose. The Affiliate agrees to provide TMDHosting Affiliates with any supporting documents upon request. The Affiliate is aware that TMDHosting affiliates has the right to withhold/cancel payments if supporting documents are not provided. Supporting documents may include any or all of the following for individuals: valid passport copy; valid driving licence copy; a copy of a utility bill; a letter of reference from the individual’s bank; and a copy of a bank statement. For a company, supporting documentation may include a copy of the company’s certificate of incorporation; articles of association (or equivalent document); duly approved corporate resolution; a certificate of good standing; power of attorney; and information regarding the identity of the beneficial owner of the company and the identity of the directors of the company.
TMDHosting does not condone spam.
a) Any form of Spam will result in your account being placed under review and all funds due will be withheld pending an investigation into your account. Be aware that our clients are liable to incur expenses in dealing with spam generated mail and these same expenses will be deducted from your account should our client seek recourse. In this instance the amount determined by the relative client will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by you as fair and reasonable and as agreed to by registration as an affiliate of TMDHosting.
b) You and TMDHosting 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 paragraph.
You agree to immediately cease the use of any mark upon request made by TMDHosting to the email address provided by you and maintained on file for you by TMDHosting. You agree to immediately cease the use of any link created by you to TMDHosting upon request by TMDHosting to the email address provided by you and maintained on file for you by TMDHosting.
In the occasions when the affiliate has received a written confirmation by the Company that they can purchase hosting packages on behalf of their referrals, if it is found that these accounts are used for fraudulent activities, for personal benefit of the affiliate or in any way violate these Terms of Services, the Company reserves the right to terminate not only the affiliate account, but all related hosting packages as well. In such cases no money back guarantee will be offered and no refunds will be issued. The affiliate is also responsible to return any payments received by the company in the form of affiliate payouts.
VI. TERM & TERMINATION
Either party may terminate this agreement at any time upon notice in writing to the other party. Termination is at will, for any reason, by either party. For purposes of notification of termination, delivery via email is considered a written and immediate form of notification.
In the event of termination of this Agreement:
– You must remove TMDHosting’s banner(s) from your site and disable any links from your site to TMDHosting.
– All rights and licenses given to you in this agreement are immediately terminated.
– You will be entitled only to those unpaid referral fees if any earned by you on or prior to the date of termination, save where termination is as a result of your breach of terms of this Agreement, as detailed at 2.4 below. We may withhold your final payment for a reasonable amount of time to ensure that the correct amount is paid.
– If you have failed to fulfil your obligations and responsibilities, TMDHosting reserves the right to not pay you the referral fees otherwise owing to you on termination.
We may withhold your final payment for a reasonable amount of time to ensure that the correct amount is paid.
– If we continue to permit activity (generation of revenue) from customers after termination, this will not constitute a continuation or renewal of this agreement or a waiver of termination.
– You are obligated to return to us any confidential information and all copies of it in your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of the merchants.
– You and TMDHosting will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement, which occurred prior to termination.
We make no express or implied warranties or representations with respect to the referral program or referral fee payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
By having read, the terms and conditions, and acknowledging such in the affiliate sign-up form you agree to all the terms and conditions contained herein. TMDHosting reserves the right to withhold payment from any affiliate that violates any of the terms and conditions contained herein.
VIII. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE OUR WEB SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY OTHER WEB SITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.
IX. INDEMNITY AND DEFENSE
With respect to ICANN, the registry operators, and TMDHosting, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under the Agreements, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under these Agreements, we may seek written assurances from you in which you promise to defend, indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of these Agreements by you. The terms of this paragraph will survive any termination or cancellation of the Agreements.
X. LEGAL AGE
You attest that you are of legal age to enter into this Services Agreement.
XI. FINAL AGREEMENT
This Services Agreement, the referenced agreements, the ICANN Policy and the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Services Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
XII. NO AGENCY RELATIONSHIP
Nothing contained in this Services Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of this Services Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Services Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
XV. ASSIGNMENT AND RESALE
Except as otherwise set forth herein, your rights under this Services Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Services Agreement, whether by attachment, levy, garnishment or otherwise, renders this Services Agreement voidable at our option.
XVI. FORCE MAJEURE
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over TMDHosting, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, TMDHosting may immediately terminate this Services Agreement.