Referral Policy

This Referral Policy (the “Policy“) sets out the principles and procedures followed by UAB ServerMall and its Affiliates (together, “Servermall Cloud“, “SMCS“, “We“, “Us“), as the owners and operators of the www.cloud.servermall.com website (the “cloud.servermall.com“, the “Site“), in relation to interactions with users (the “You“, “Clients“, “Users“) under a programme designed to encourage existing Clients of the company to attract new Clients to use Servermall Cloud Services (the “Referral Programme“).

1. Terms and Definitions

1.1. “Referral Link / Referral Code / other attribution mechanism” means a unique link, code, tracking identifier or another method of identifying the source of acquisition, issued or approved by Servermall Cloud for use in the Referral Programme.

1.2. “Qualifying Visit” means a visit by a prospective client through a Referral Link, or another use of a Referral Code or other attribution mechanism recorded by Servermall Cloud.

1.3. “Referrer” means an individual or legal entity that is a Registered User of Servermall Cloud, is admitted by Servermall Cloud to participate in the Referral Programme, and uses a Referral Link, Referral Code or other attribution mechanism issued or approved by Servermall Cloud to attract new Clients.

1.4. “Referral Attribution” means the determination by Servermall Cloud, on the basis of tracking, billing, accounting, payment, technical and other records of Servermall Cloud, that a specific prospective client, its Account, order or Payment is attributed to a specific Referrer through a Referral Link, Referral Code or other attribution mechanism issued or approved by Servermall Cloud.

1.5. “Referral” means a new Client who completed registration on the Site and received a new Account, previously had no Account or direct commercial relationship with Servermall Cloud, and in relation to whom Servermall Cloud completed proper Referral Attribution through a Referral Link, Referral Code or other attribution mechanism.

1.6. “Referral Relationship” means the relationship between a specific Referrer and a specific Referral, established by Servermall Cloud as a result of proper Referral Attribution.

1.7. “Programme-Eligible Services” means services, plans or product categories that Servermall Cloud expressly designates from time to time as falling within the Referral Programme.

1.8. “Qualifying Net Revenue” means the amount actually received by Servermall Cloud from a Referral for Programme-Eligible Services after discounts and excluding taxes, VAT, duties, amounts paid using advertising credits, bonus balances and other similar non-cash incentives provided by Servermall Cloud under other programmes, and also excluding:

1. refunds (voluntary refunds issued by the seller);
2. payment reversals / compulsory bank disputes of transactions (chargebacks);
3. credits, adjustments and other amounts excluded under this Policy.

1.9. “Reward” means the recurring commission payable to the Referrer, calculated on the basis of Qualifying Net Revenue actually received by Servermall Cloud from Referrals for Programme-Eligible Services.

1.10. “Holding Period” means the period calculated from the time Servermall Cloud receives the relevant Payment from a Referral, during which the Reward related to that payment is recorded as pending and is not considered available for withdrawal. After the Holding Period expires, that Reward may become available for withdrawal if the other conditions of this Policy are met. The duration of the Holding Period and the cases where a longer period applies are set out in the “Commercial Terms of the Referral Programme” section.

1.11. “Self-Referral” means the direct or indirect use by a Referrer of its own Referral Link, Referral Code or other attribution mechanism in relation to its own orders, the orders of its organisation or the orders of persons affiliated with it, in order to receive Reward.

1.12. “Programme Materials” means Materials expressly provided by Servermall Cloud for use in the Referral Programme, including logos, marks, banners, landing pages, descriptions and other materials.

1.13. “Separate Referral Agreement” means a paper or electronic document, signed by the parties using electronic signatures, that expressly governs the participation of the Referrer in the Referral Programme, including the commercial and other terms of such participation.

1.14. “Attribution Period” means the period beginning with a Qualifying Visit during which, subject to the other conditions of this Policy, a Referral Relationship may be established between the relevant prospective client and the Referrer for the purpose of accruing Reward. The duration of the Attribution Period is set out in the “Commercial Terms of the Referral Programme” section.

1.15. “Special Referral Policy” means a Servermall Cloud document that contains amendments, clarifications or additions to this Policy and applies when the stated conditions are met.

2. General Provisions

2.1. This Policy forms an integral part of the Servermall Cloud Customer Agreement (the “Agreement”).

2.2. This Policy, together with the Agreement, its appendices and other documents expressly referred to in this Policy, replaces all prior agreements between the parties on matters relating to the Referral Programme, except for a Separate Referral Agreement.

2.3. The provisions of a Separate Referral Agreement take precedence over this Policy, the Agreement, its appendices, other documents and any applicable Special Referral Policy to the extent expressly governed by that Separate Referral Agreement.

2.4. To the extent not governed by a Separate Referral Agreement, the provisions of an applicable Special Referral Policy apply, provided that the conditions for its application are met.

2.5. To the extent not governed by a Separate Referral Agreement and an applicable Special Referral Policy, or where there is no applicable Special Referral Policy or the conditions for applying a Special Referral Policy are not met, the provisions of this Policy apply.

2.6. To the extent not governed by this Policy, the provisions of the Agreement, its appendices and other documents expressly referred to in this Policy apply.

2.7. In the event of any conflict between this Policy and the Agreement, its appendices or other documents expressly referred to in this Policy, this Policy prevails unless a Separate Referral Agreement or an applicable Special Referral Policy provides otherwise.

2.8. Personal data lawfully received by Servermall Cloud in connection with the Referral Programme are processed in accordance with the Agreement, including the applicable Servermall Cloud privacy policies that form an integral part of it. To the extent not governed by this Policy, the provisions of the Agreement, including those privacy policies, apply to such personal data.

2.9. Capitalised terms used in this document and not defined in it are defined in the Agreement or in its integral appendices.

2.10. Servermall Cloud reserves the right to amend this Policy at any time and in any manner. An updated or edited version replaces all previous versions of this Policy immediately after publication on the Site or from another date expressly stated by Servermall Cloud on the Site. Your use of the sections of the Site dedicated to the Referral Programme, as well as active steps within the Referral Programme, means that You accept the revised Policy.

2.11. Amendments to this Policy do not amend or cancel the terms of a Separate Referral Agreement unless that agreement expressly provides otherwise or the parties separately agree otherwise in writing.

2.12. Changes to the Referral Attribution rules that determine the grounds and timing for the initial establishment of a Referral Relationship, including the Attribution Period, apply only to Qualifying Visits made after the effective date of those changes.

2.13. Changes to the Commercial Terms of the Referral Programme that affect the calculation, accrual or accounting of Reward, including the amount of Reward, the list of Programme-Eligible Services, exclusions from the basis for calculating Reward and the Holding Period, apply only to payments from Referrals actually received by Servermall Cloud after the effective date of those changes and to the Reward accruals related to those payments. Reward related to payments actually received by Servermall Cloud before that date is calculated and recorded under the rules in force on the date the relevant payment was received, except where it is held, adjusted, reversed, cancelled or restricted from withdrawal on the grounds expressly provided for in this Policy.

2.14. Changes to the methods for withdrawing Reward, the withdrawal currency, the minimum withdrawal threshold and the processing times for withdrawal requests apply to Reward withdrawal requests submitted after the effective date of those changes. However, those changes must not deprive the Referrer of the ability to withdraw Reward that had already become available for withdrawal by that date.

2.15. The current version of this Policy is posted on Our Site.

2.16. The User must periodically check this Policy for changes by revisiting the Site, refreshing the page and reviewing the date of the latest amendment to this Policy shown at the top of this document.

2.17. If We make any changes to this Policy that may materially affect the terms of the Referral Programme, We may notify You of those changes in any manner permitted by the Agreement.

2.18. The Referrer must keep Registration Data, contact details and payment details up to date.

2.19. Notices sent within the Referral Programme by the methods provided for in the Agreement are deemed proper.

2.20. Servermall Cloud may assign, transfer or otherwise convey its rights and obligations under this Policy, in whole or in part, in connection with a merger, merger by absorption, acquisition of a business, corporate reorganisation, sale of assets, corporate reorganisation, sale of assets or otherwise as permitted by applicable law, without the additional consent of the Referrer. 

2.21. If any provision of this Policy is held invalid, unlawful or unenforceable in whole or in part, this does not affect the validity, lawfulness or enforceability of the remaining provisions, and the relevant provision will apply to the maximum extent permitted by applicable law.

2.22. Any failure by Servermall Cloud to exercise, or delay in exercising, any right, remedy or power under this Policy does not constitute a waiver of that right, remedy or power and does not prevent its subsequent exercise in whole or in part.

2.23. You may ask questions about this Policy by contacting Our support service at [email protected]. If You have an Account on the Site, You may also contact support through the Site ticket system.

3. Special Referral Policies

3.1. Servermall Cloud may introduce Special Referral Policies, and the text of each such policy expressly states which provisions of this Policy are changed and the conditions for applying those changes, while all other provisions of this Policy remain unchanged.

3.2. The application of a Special Referral Policy does not replace the Policy in full and does not affect the priority of a Separate Referral Agreement.

3.3. A Special Referral Policy takes effect on the date stated in it, and if no effective date is stated in the Special Referral Policy, from the time it is published on the Site.

3.4. For a specific Referrer, a Special Referral Policy applies when the conditions for its application to that Referrer are met.

3.5. Servermall Cloud may at any time, at its discretion, introduce, change, supplement, suspend or terminate any Special Referral Policy in whole or in part, unless applicable law expressly provides otherwise.

3.6. The current versions of Special Referral Policies are posted on the Site.

3.7. The Referrer must independently monitor the introduction, amendment and termination of Special Referral Policies on the Site. 

3.8. The termination of a Special Referral Policy does not deprive Servermall Cloud of the right, at its discretion, to continue providing individual benefits, privileges or terms previously provided for by that Special Referral Policy, if this does not conflict with applicable law and is beneficial to the Referrer. In all other respects, from the date of termination of the relevant Special Referral Policy, the provisions of this Policy apply to the Referrer unless another applicable Special Referral Policy expressly provides otherwise.

3.9. The fact that a Special Referral Policy applies or does not apply, and compliance with the conditions for its application, are determined by Servermall Cloud on the basis of its own operational, billing, accounting, payment, technical and other records.

3.10. Servermall Cloud may notify the Referrer of the application of a Special Referral Policy to it in a manner provided for in the Agreement.

3.11. If two or more Special Referral Policies apply at the same time and conflict with each other, the Special Referral Policy whose priority is expressly stated in its text or in the text of another relevant Special Referral Policy applies. If there is no such statement, Servermall Cloud determines one Special Referral Policy to apply to the relevant Referrer; with respect to commercial terms, that determination is made on the basis of the commercial terms that are more favourable to the Referrer as a whole. The terms of different Special Referral Policies do not combine unless those policies expressly provide otherwise.

3.12. Servermall Cloud may fully suspend the application of any Special Referral Policy to a specific Referrer, or partially suspend the application of specific special terms provided by it, if the Referrer breaches the Agreement and/or its appendices, including this Policy, or if Servermall Cloud has reasonable grounds to believe that the Referrer has committed such a breach. During that suspension period, the provisions of this Policy apply to the relevant Referrer without the suspended special terms.

4. Participation in the Programme

4.1. By taking part in the Referral Programme, whether as a Referral or as a Referrer, You confirm Your agreement to this Policy. If You do not agree to this Policy, You are not entitled to take part in Our Referral Programme and may not receive any Rewards under the Referral Programme.

4.2. Participation in the Referral Programme as a Referrer is permitted only if the requirements of this Policy, the Agreement and its appendices are met.

4.3. The following may not participate in the Referral Programme:

a. employees of Servermall Cloud;

b. employees of companies acting under partnership agreements with Servermall Cloud to expand the client base.

4.4. Persons or organisations that have breached this Policy, the Agreement or any of its appendices may be refused admission to the Referral Programme.

4.5. Servermall Cloud may reject, suspend or terminate the participation of a Referrer in the Referral Programme in the following cases:

1. The Referrer breaches the requirements of the Agreement and/or its appendices, including this Policy.
2. The participation of the Referrer creates legal, commercial, operational or reputational risk.
3. The Referrer does not provide information reasonably requested for initial review, onboarding, verification or checks for compliance with mandatory requirements.
4. In other cases, at the sole discretion of Servermall Cloud, if this is not prohibited by applicable law.

4.6. The Referrer continuously confirms that it, and to its knowledge the persons that own or control it, are not subject to applicable sanctions or export restrictions and will not promote Servermall Cloud services in relation to prohibited jurisdictions, persons or purposes of use.

4.7. Unless Servermall Cloud agrees otherwise in writing, one Referrer may have only one Account for participation in the Referral Programme.

5. Referral Relationships

5.1. For participation in the Referral Programme, Servermall Cloud provides the Referrer with a Referral Link, Referral Code or other attribution mechanism expressly approved by Servermall Cloud.

5.2. A Referral Link may be obtained by the Referrer on the Site in the Servermall Cloud personal account area, by contacting Our customer support service at [email protected], or through the Servermall Cloud ticket system.

5.3. If a prospective client makes a Qualifying Visit and performs actions that meet the requirements of the current Referral Programme, Servermall Cloud may recognise that client as a Referral and record the relevant Referral Relationship for the purpose of calculating and accruing Reward.

5.4. Reward is accrued only where proper Referral Attribution exists.

5.5. A Referral Relationship may not be established in the following cases:

1. The person does not meet the Referral criteria set out in this Policy or, according to Servermall Cloud’s records, is associated with an existing client Account, a repeat Account, an Account transferred between acquisition channels, or an internal client Account.
2. Self-Referral is prohibited and does not give any right to Reward.
3. There are sufficient reasons to consider the Referral Relationship fictitious or invalid.

5.6. Unless otherwise stated in this Policy, a Referral Relationship terminates if any of the following conditions occurs:

1. If the conditions of this Policy required to recognise a person as a Referral are not met during the Attribution Period, the relevant Referral Attribution terminates.
2. Qualification as a Referrer or Referral is cancelled because one of them can no longer participate in the Referral Programme, since it no longer meets the participation criteria set out in the “Participation in the Programme” section.
3. The Account of the Referral or the Referrer in the personal account area on the Servermall Cloud Site is deleted or blocked by the owner or as a result of a breach of the Agreement or its integral appendices.
4. Other circumstances that require Us to terminate the Referral Relationship.

6. Referral Reward

6.1. Subject to this Policy, Servermall Cloud accrues Reward to the Referrer at the rate applicable to the relevant Referrer, based on Qualifying Net Revenue actually received by Servermall Cloud from Referrals for Programme-Eligible Services.

6.2. The accrual of Reward and its withdrawal to the Referrer are carried out in accordance with this Policy, including the “Commercial Terms of the Referral Programme” section.

6.3. Reward is initially recorded as pending. It becomes available for withdrawal only after the Holding Period expires and only if the relevant Payment of the Referral remains valid and has not been refunded, cancelled, disputed, written off or otherwise found not to comply with the programme conditions. Servermall Cloud may apply a longer Holding Period if the transaction, Account, Payment Method, jurisdiction or requested Reward withdrawal requires review for fraud, refunds, payment disputes, chargebacks, risks of non-compliance with mandatory requirements or reserve requirements of a payment provider.

6.4. Reward is accrued only in relation to Programme-Eligible Services in accordance with the “Commercial Terms of the Referral Programme” section. Reward is not accrued in relation to amounts, transactions and categories excluded from the basis for calculating Reward in accordance with the “Commercial Terms of the Referral Programme” section.

6.5. If a Referral purchases Programme-Eligible Services at a discount, using a coupon or at an approved promotional rate, Reward is calculated on the basis of the amount actually paid after applying that discount. Servermall Cloud may adjust, reverse or cancel Reward in the event of error, abuse, fraud or another unjustified accrual. Recurring Reward is accrued only while the relevant Referral remains active, its payments remain compliant with the programme conditions, the relevant services remain Programme-Eligible Services, and the participation of the Referrer and the Referral Programme itself have not been terminated.

6.6. The Referrer may request withdrawal of Reward in the manner and on the terms set out in the “Commercial Terms of the Referral Programme” section of this Policy.

6.7. Before the first payout, the Referrer must complete identification and provide the documents or information reasonably requested by Servermall Cloud or its payment partners to confirm identity, tax status, payment details, sanctions status, compliance with anti-fraud requirements and other mandatory requirements. 

6.8. Servermall Cloud may withhold or postpone the withdrawal of Reward until those checks are completed. The Referrer is solely responsible for taxes, duties, charges and other mandatory payments arising in connection with the receipt of Reward, except where withholding of the relevant amounts is mandatory for Servermall Cloud by law.

6.9. The right to Reward arises only if the conditions of this Policy are fully met within the time limits set out in this Policy. If those conditions are not met, Reward is not accrued and is not withdrawn.

6.10. If Reward has become available for withdrawal, but the Referrer does not request withdrawal within one year from the date on which it became available for withdrawal, it is cancelled.

6.11. From the date of termination of the participation of the Referrer or termination of the Referral Programme, no new Reward is accrued in relation to new visits, new registrations, new orders and new payments. Reward that had already become available for withdrawal by that date and is not subject to grounds for holding, adjustment, reversal or cancellation is withdrawn in the general manner. Pending Reward may be withdrawn only after the Holding Period expires and after a final check of compliance with this Policy; in the event of a breach of this Policy, fraud, payment refund, payment dispute, chargeback, sanctions or other risk of non-compliance with mandatory requirements, failure to pass verification, or another unjustified accrual, such Reward may be held, adjusted, reversed, cancelled or restricted from withdrawal.

6.12. Reward is accrued only in relation to those Servermall Cloud Services that are classified as Programme-Eligible Services under this Policy.

6.13. The amount of Reward is determined by this Policy, including the “Commercial Terms of the Referral Programme” section.

6.14. To protect the confidentiality of Referral data, Servermall Cloud does not provide the Referrer with order details, including, without limitation, the client name, order composition, pricing options and order amounts, except where expressly provided for by applicable law or the Agreement, or agreed with the relevant Referral.

6.15. Information about Rewards may be checked online on the Site in a dedicated section or by sending a message through the Site ticket system or to Our support service at [email protected].

6.16. If the Referrer objects to the accrual, amount or withdrawal of Reward, it must send a reasoned notice through the Site ticket system or to [email protected] within 4 (four) calendar days from receipt of the relevant information. If no notice is sent within that period, the Reward information is deemed confirmed.

6.17. Until the relevant amount is actually withdrawn, Reward is recorded in the internal Servermall Cloud system on a separate Reward accounting balance of the Referrer. Amounts recorded on the Reward accounting balance of the Referrer are not funds or their equivalent until withdrawal and represent only an internal accounting entry of Servermall Cloud for the purposes of this Policy. Amounts on the Reward accounting balance of the Referrer may be held, adjusted, reversed, cancelled or annulled in the cases provided for in this Policy. Amounts on the Reward accounting balance of the Referrer are not transferable by inheritance, sale, exchange, assignment or purchase and cannot be subject to attachment, enforcement or other seizure by third parties. After the relevant amount is actually withdrawn, it is no longer recorded on the Reward accounting balance of the Referrer, and the restrictions of this paragraph do not apply to it.

6.18. Servermall Cloud may, at its discretion, set limits on the aggregate amount of Reward or on specific types of Reward available for withdrawal by the Referrer.

7. Rules and Restrictions

7.1. Within the Referral Programme, Servermall Cloud grants the Referrer only a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to use only Programme Materials expressly issued or approved by Servermall Cloud, including logos, banners, descriptions, landing pages, Referral Links and other similar materials, only for the period of the participation of the Referrer in the Referral Programme, only for the purpose of promoting Servermall Cloud Services and only within the limits expressly permitted by Servermall Cloud. All rights not expressly granted by this Policy are reserved by Servermall Cloud.

7.2. The Referrer undertakes not to disclose or otherwise use, except for participation in the Referral Programme, any non-public information that becomes known to it in connection with the Referral Programme, including Reward rates, internal programme rules, technical details of attribution mechanisms, terms of individual campaigns, information about checks and other non-public information of Servermall Cloud. Such use is allowed only to the extent necessary for participation in the Referral Programme. The duty of confidentiality continues for the period of participation of the Referrer in the Referral Programme and after its termination until the relevant information becomes publicly available not as a result of a breach by the Referrer, or until its disclosure is required by applicable law.

7.3. The Referrer is prohibited from doing the following when promoting Servermall Cloud products and services:

1. Providing false, misleading or distorted information about Servermall Cloud products, services or the terms of the Referral Programme, including in relation to prices, discounts, coupons and other promotional terms, service levels, Service Level Agreement (SLA), infrastructure geography, the legal structure of Servermall Cloud, the existence of certificates or the scope of services; publishing false discounts, unauthorised coupons and other promotional statements not approved by Servermall Cloud; and using fraudulent methods to attract new clients.
2. Obtaining personal data from prospective clients and/or transferring their personal data to Servermall Cloud outside the normal process of independent registration of such client on the Site, unless this is expressly provided for by the functionality of the Site or agreed by Servermall Cloud in writing.
3. Using personal data, accounts or means of communication belonging to others without the express consent of their owners and without proper notice.
4. Including personal data in Referral Links, URL parameters, additional campaign identifiers, tags, data of automatic notifications between systems, advertising materials, event logs or other technical fields used in connection with the Referral Programme.
5. Using website plugins, executable code or other methods to establish Referral Attribution without first informing the person in relation to whom that attribution is established and obtaining explicit consent from that person.
6. Using cookie stuffing, forced clicks, fraudulent click generation, click fraud, malware, intrusive advertising software, adware, toolbar injections, hidden redirects and other deceptive Referral Attribution practices.
7. Creating fictitious accounts or fictitious orders, using false data, committing payment fraud, carrying out fraudulent transactions, using Self-Referrals or other methods of artificially increasing Reward under the Referral Programme.
8. Sending unwanted messages (spam), carrying out unlawful mailings and unwanted bulk messages, including mass and/or automated mailings by email, SMS, on social media and through other communication channels, and using other unfair methods of generating traffic in breach of the Servermall Cloud No Spam Policy.
9. Using trade marks, logos, domain names and other intellectual assets of Servermall Cloud or other companies without the prior written permission of the owner, and using intellectual property objects of Servermall Cloud in breach of the Intellectual Property Policy. An exception applies to materials and links specially provided by Servermall Cloud for the Referral Programme.
10. Using domain names, social media account names or advertising keywords that may mislead users as to an affiliation with the Servermall Cloud brand.
11. Representing oneself as Servermall Cloud, its representative, agent, commission agent, commercial representative, reseller or official sales channel, acting or stating that the Referrer has the right to act on behalf of Servermall Cloud, assume obligations on behalf of Servermall Cloud, agree or change terms for clients, provide discounts, guarantees, assurances or other promises binding on Servermall Cloud, or create the impression that such authority exists. Participation of the Referrer in the Referral Programme does not create an agency, commission, commercial representation, mandate, joint activity, distribution or resale relationship between the parties; the Referrer acts in its own name and at its own expense.
12. Attracting new clients through illegal or questionable traffic sources, such as adult websites, resources containing malware, platforms that breach data protection and privacy laws, or other resources that may harm the reputation of Servermall Cloud.
13. Promoting Servermall Cloud products or services in relation to prohibited jurisdictions, persons, organisations or purposes of use.
14. Defaming competitors of Servermall Cloud or leaving false negative reviews about them in order to increase the attractiveness of the offers of the Referrer.
15. Breaching, in the course of activities to attract new clients, the laws and established ethical standards in force in the jurisdictions of the Referral, the Referrer, Servermall Cloud and the audience targeted by the activities to attract new clients.
16. Using third parties to circumvent prohibitions when promoting Servermall Cloud products and services. A breach of promotion rules by third parties will be treated as a breach by the Referrer in whose interest those third parties acted.
17. Stating, promising, describing or otherwise presenting to prospective clients any use of Services as permitted if such use is prohibited, restricted or subject to additional requirements in accordance with the Acceptable Use Policy.

7.4. The Referrer must disclose the existence of a material connection with Servermall Cloud in all cases where such disclosure is required by applicable law, platform rules or other mandatory rules.

7.5. Within the Referral Programme, the following is prohibited:

1. Entering into collusion with Referrals or other Referrers in order to obtain benefits or Rewards by fraudulent means.
2. Using system failures or loopholes in the rules to increase the number of Referrals and obtain additional benefits or Rewards.
3. Assigning, transferring, conveying, delegating, encumbering or otherwise disposing in any way of rights or obligations under this Policy, in whole or in part, including rights to Reward, without the prior written consent of Servermall Cloud. Any such attempted transfer without the consent of Servermall Cloud is invalid.
4. Engaging in other activities capable of harming the legitimate interests of Servermall Cloud.

7.6. Servermall Cloud monitors and reviews the activities of participants in the Referral Programme for compliance with this Policy. If breaches are identified, Servermall Cloud reserves the right to apply the following sanctions:

1. Issuing warnings.
2. Partial suspension of an Account, consisting of temporary restriction of access to certain Account functions, for example the ability to use bonuses or attract new clients.
3. Full suspension of an Account, consisting of temporary or permanent blocking of access to all Account functions.
4. Cancellation of abnormal transactions and/or orders related to a breach of the Policy.
5. Withdrawal of Referral status and/or prohibition on further participation in the Referral Programme.
6. Cancellation of previously accrued Rewards and/or freezing of Rewards until the end of the investigation.
7. Restriction of access to certain Site functions.
8. Bringing offenders to legal liability, including filing claims for compensation of losses.
9. Other measures expressly provided for by the terms of this Policy or the Agreement.

7.7. Servermall Cloud may refuse Referral Attribution or change Referral Attribution if tracking data are incomplete, invalid, inconsistent, altered or otherwise unreliable. In the event of competing or duplicate claims for Referral Attribution, the operational, billing, accounting and other records of Servermall Cloud are determinative unless an obvious error is proven.

7.8. Servermall Cloud may monitor traffic quality, client acquisition methods, payment discipline, the correctness of Referral Attribution and compliance with this Policy. Servermall Cloud may reject Referrals, hold or freeze Reward, suspend the withdrawal of Reward, disable attribution mechanisms, and suspend or terminate participation in the Referral Programme if it has reasonable grounds to believe that fraud, abuse, a breach of this Policy, sanctions or export risks, identification problems, risks on the part of a payment provider, or other circumstances creating legal, commercial, operational or reputational risk for Servermall Cloud have occurred.

7.9. Servermall Cloud may request additional information, documents, explanations, records, screen captures (screenshots), campaign information, tax forms and other materials from the Referrer that are reasonably necessary to verify participation in the Referral Programme, the correctness of Referral Attribution, the right to receive Reward, the right to withdraw Reward or compliance with mandatory requirements. Failure to provide such information within a reasonable period may result in the holding, adjustment or cancellation of Reward, as well as the suspension or termination of participation in the Referral Programme.

7.10. The operational, billing, accounting, payment, technical and other records of Servermall Cloud are the basis for determining Referral Attribution, the right to Reward, the amount of Reward, the status of pending Reward, adjustments, cancellations, holdings and the withdrawal of Reward, unless a proven obvious error indicates otherwise.

8. Liability of Servermall Cloud

8.1. The Referral Programme, Programme Materials, attribution mechanisms and related reports are provided on an “as is, with all deficiencies” and “as available” basis. Servermall Cloud does not guarantee uninterrupted or error-free operation of the Referral Programme, the accuracy, completeness or continuous availability of the recording of Qualifying Visits, Referral Attribution, reporting or Reward data, or the existence, retention or development of any specific functions, tools, advertising campaigns, rates or other possibilities of the Referral Programme in the future, except where otherwise expressly required by applicable law.

8.2. Servermall Cloud is not liable for any assurances, warranties or statements provided or implied by any parties connected with or participating in the Referral Programme.

8.3. At the request of Servermall Cloud, the Referrer must indemnify Servermall Cloud and its Affiliates for any losses, expenses, costs, fines, penalties, settlement amounts and reasonable legal fees, and hold them harmless from demands, claims, actions, investigations and orders of third parties or government authorities arising from acts or omissions of the Referrer in connection with the Referral Programme, including unlawful advertising, breaches of personal data processing rules, infringement of trade mark rights and other intellectual property rights, spam, fraud, misleading statements, breaches of sanctions, export or other applicable legislation, as well as arising from any unauthorised access to the Account of the Referrer, use of that Account or the taking of any actions through it by third parties.

8.4. To the fullest extent permitted by applicable law, Servermall Cloud and its Affiliates are not liable for any direct, incidental, special or indirect losses arising in connection with the Referral Programme, including cases of negligence, even if Servermall Cloud was aware of the possibility of such losses, except in the case expressly provided for in the following paragraph.

8.5. If applicable law does not permit a complete disclaimer of liability by Servermall Cloud and if the Referrer documents the fact of an unjustified refusal by Servermall Cloud to allow withdrawal of Reward, or a part of it, the liability of Servermall Cloud is limited to the amount of Reward due.

8.6. A participant in the Referral Programme waives the right to bring a claim or start other proceedings in relation to the Referral Programme more than one year after the first event underlying the claim.

8.7. Each Account owner who resides in the State of California or falls under its jurisdiction agrees to waive the rights provided for in Section 1542 of the California Civil Code. This waiver means that the Account owner may not bring claims or seek compensation for losses known or unknown at the time this Policy takes effect. Users residing outside the State of California are not subject to this waiver.

9. Commercial Terms of the Referral Programme

9.1. For the purposes of this Policy, Reward is withdrawn by one of the following methods:

1. crediting to the Account Balance of the Referrer for payment for Services;
2. transfer to a bank card;
3. transfer to an account of a payment system.

9.2. The following commercial terms apply to the Referral Programme:

1. The Reward of the Referrer is 12% of Qualifying Net Revenue and is accrued in relation to each payment made by a Referral that meets the conditions of this Policy.
2. The Attribution Period is 90 calendar days from the date of the Qualifying Visit through a Referral Link, Referral Code or other attribution mechanism approved by Servermall Cloud.
3. The Holding Period is 30 calendar days from the receipt of the relevant payment from the Referral. Servermall Cloud may apply a longer Holding Period if the transaction, Account, withdrawal method, jurisdiction or other circumstances are subject to additional review for fraud, payment refund, payment dispute, chargeback, compliance with mandatory requirements, requirements of a payment provider or other payment organisation.
4. Reward is withdrawn in euro (EUR).
5. The minimum Reward withdrawal threshold is 100 (one hundred) euros.
6. When Reward is withdrawn to a bank card or payment system account, bank charges, payment system charges and other transfer costs, as well as costs related to currency conversion, are withheld by the relevant third parties and may reduce the amount actually received by the Referrer.
7. Servermall Cloud processes approved Reward withdrawal requests within up to 7 working days from the request, unless a longer period is required for review, investigation, banking procedures, sanctions control or other mandatory procedures. 

9.3. The following are Programme-Eligible Services under this Referral Programme:

1. VPS/VDS in Frankfurt, Germany;
2. IaaS plans and dedicated cloud tariffs;
3. Kubernetes plans;
4. Cloud Data Storage plans;
5. S3-compatible object storage plans.

9.4. The following are excluded from the basis for calculating Reward:

1. taxes, VAT, duties and similar mandatory payments;
2. amounts paid using advertising credits, bonus balances and other similar non-cash incentives provided by Servermall Cloud under other programmes; voluntary refunds by the seller, compulsory bank disputes of transactions (chargebacks), cancelled payments, annulled payments (reversals) and write-offs; domains and separate product add-ons; tariff upgrade or downgrade transactions;
3. manually created invoices; as well as pay-as-you-go items or post-paid items billed after the services are provided.

• Special Referral Policy “Grandfathered 15% Referral Reward for 2026 Referrers”