PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This CashParking® Service Agreement (this “Agreement”) is entered into by and between GoDaddy.com, LLC, a Delaware limited liability company ("Go Daddy") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Go Daddy’s CashParking services (“CashParking” or the “Services”).
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with (i) Go Daddy’s Universal Terms of Service Agreement, and (ii) any plan limits, product disclaimers or other restrictions presented to you on the CashParking landing page of the Go Daddy website (this “Site”), both (i) and (ii) of which are incorporated herein by reference.
The terms “we”, “us” or “our” shall refer to Go Daddy. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
You acknowledge and agree that (i) Go Daddy, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, Go Daddy may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Shopper Account”) information, including your email address, current. Go Daddy assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
2. description of services
CashParking allows you to:
- Provide a platform for advertising links on parked pages;
- Generate revenue from the advertising links on a pay-per-click basis; and
- Receive a portion of the revenue generated from the advertising links.
Your privilege to use CashParking is dependent on your continued compliance with this Agreement, along with the Universal Terms of Service Agreement, which is incorporated herein.
Go Daddy reserves the right to revoke your privileges, terminate your account, or take any other measures deemed to be appropriate (as determined by Go Daddy in its sole and absolute discretion) to enforce this Agreement.
You may add a custom content plan ("Quick Content") to your Cash Parking plan. If you add Quick Content, it allows you to: (i) provide a platform for advertising links on parked pages; (ii) generate revenue from the advertising links on a pay-per-click basis; (iii) receive a portion of the revenue generated from the advertising links; and (iv) request content to be created for inclusion on your parked pages (“Syndicated Content”).
Provided that you are in compliance with this Agreement, you are hereby granted a non-exclusive, non-transferable, non-sublicensable, revocable license, during the term of this Agreement, to display the Syndicated Content on the parked page specific to the domain name / website associated with this Agreement. You may not alter or reformat the Syndicated Content. You acknowledge and agree that the Syndicated Content may appear on the parked pages of other websites. All Syndicated Content must include the author attribution provided.
3. availability of services
Subject to the terms and conditions of this Agreement and Go Daddy’s policies and procedures, Go Daddy shall use commercially reasonable efforts to attempt to provide the Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:
- Equipment malfunctions;
- Periodic maintenance, repairs or replacements that Go Daddy may undertake from time to time; or
- Causes beyond the reasonable control of Go Daddy or that are not reasonably foreseeable by Go Daddy, including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
You acknowledge and agree that Go Daddy has no control over the availability of the Services on a continuous or uninterrupted basis, and assumes no liability to you or any other party with regard thereto.
4. restrictions on services; remedies and penalties
Restrictions on Services
You shall not:
- Lure, induce, entice, incite, or trick visitors to your website into clicking on Go Daddy’s hyperlinks;
- Mislead visitors to your website into believing that they shall receive anything other than an internet search by clicking on a text link or search box;
- Password protect any search result pages accessed through your website in response to a valid internet search or query;
- Provide any interface for downloading any computer software application (each, a “Downloadable App”), any marketing materials for any Downloadable App, or any hyperlinks to any of the foregoing;
- Allow your website to be a downloadable or internet accessible application, as determined by Go Daddy in its sole and absolute discretion;
- Host the search results pages or otherwise access the search results pages except through Go Daddy’s servers (or such other servers as Go Daddy may choose in its sole and absolute discretion);
- Edit, modify, filter, or change the order of the information contained in any search results page or on the landing page without Go Daddy’s prior written consent;
- Do any of the following: (a) redirect an end user away from the search results page, (b) provide a version of the search results page different from the page served to an end user by or as directed by Go Daddy, (c) cache, capture, or store any search results, or (d) intersperse any content between the search results page and the landing page, including, without limitation, framing the content of search results pages or landing pages;
- Display (on your website or anywhere else) any search results pages or landing pages, or the content thereof, in part or in total, to any third party;
- Enter into any arrangement or agreement under which any third party pays you fees or shares in any Commission Payments (as defined below) for any search results displayed on your website;
- Display graphical or text units in any form (including but not limited to pop-up, pop-under or exit windows, expanding buttons and animation) that block or otherwise inhibit the full and complete display to end users of any search results pages, landing pages, and/or web pages accessed by clicking on any part of a search result;
- Place or display any unauthorized branding or attribution of any kind, including without limitation on any search results page, landing page, or framed in connection with any such pages, to indicate that any search engine is providing such results or for other promotional purposes; or
- Include content above or below the landing page (or change content above or below the landing page) unless that content is pre-approved in writing by Go Daddy.
For .au domain names, your domain must comply with the following conditions of use:
- The content on your website must relate specifically and predominantly to the domain name;
- The domain name must not be, or incorporate, an entity name, personal name or brand name in existence at the time the domain name was registered.
Remedies and Penalties
Notwithstanding anything to the contrary in this Agreement, in addition to any and all other remedies to which Go Daddy is entitled, Go Daddy specifically reserves the right to:
- Immediately suspend or deactivate any and all domain names or accounts that Go Daddy believes in its sole and absolute discretion to be violating the terms of this Agreement;
- Charge you an administrative fee for each and every domain name or account that Go Daddy believes in its sole and absolute discretion to be violating the terms of this Agreement;
- Require the forfeiture of any previously earned revenue in connection with the Services, which has yet to be paid; and/or
- Provide advertising partners with any and all domain names that Go Daddy believes in its sole and absolute discretion to be violating the terms of this Agreement.
5. calculation of Commission Payments; REPORTS; cancellation
Go Daddy shall use commercially reasonable efforts to provide you with accurate daily estimates of the revenue your website generates. You acknowledge and agree that any daily estimates do not represent an exact determination of your “Commission Payment” and the exact amount of your Commission Payment, as determined at the end of the applicable revenue generating period, may be different. Additionally, in calculating your Commission Payment, amounts may include fractions of a cent. Go Daddy shall use commercially reasonable efforts to round these amounts to the nearest cent in a manner so as to benefit you. However, you acknowledge and agree that in calculating your Commission Payment Go Daddy's determination regarding the same shall be the final and binding determination. Upon your cancellation of the Services, you acknowledge and agree that Go Daddy has the right to charge you the lesser of (i) $15.00 or (ii) the unpaid funds remaining in your CashParking account as an "Administrative Fee" in connection with your cancellation of the Services. Any funds remaining in your CashParking account after the deduction of the Administrative Fee shall be paid to you in accordance with your selected payment option.
Go Daddy may provide you with reports detailing information related to clicks, impressions or revenue your website generates. In the event such data is provided, you agree not to disclose such data, except to employees or agents who need to know and who have agreed in writing to keep it confidential.
6. payment of Commission Payments
Direct deposit is available only to domestic CashParking Customers (CashParking Customers based in the U.S.). Domestic CashParking Customers utilizing direct deposit will be paid Commission Payments to the U.S. bank account of their choice (“Direct Deposit Account”). You understand it is your responsibility to provide a valid U.S. bank account number and the related direct deposit information by signing into the Go Daddy Control Center. Failure to provide a valid Direct Deposit Account will cause your Commission Payments to be withheld pending receipt by Go Daddy of proper direct deposit instructions. You can find the instructions on how to set up a Direct Deposit Account at any time by clicking on the “Payment Information” link from your home page on the Go Daddy Control Center.
Domestic CashParking Customers hereby authorize Go Daddy to initiate and post credit (positive) entries for Commission Payments to the Direct Deposit Account. Domestic CashParking Customers understand the amount initiated and posted to the Direct Deposit Account on a monthly basis will represent payment for commissions earned in the preceding second month, less any applicable fees and/or charge backs. For example, commissions earned in January 2010 would be paid by March 15, 2010. Direct Deposit Account owners hereby authorize their “Depository Institution” to accept credits on behalf of the Direct Deposit Account owner. Direct deposit transactions will be initiated on the 15th day of each month or if the 15th falls on a non-banking day, then direct deposit transactions will be initiated the next banking day. A $10.00 minimum threshold is required before a payment is made to the Direct Deposit Account.
Domestic CashParking Customers hereby authorize Go Daddy to initiate and post debit (negative) entries to the Direct Deposit Account to reverse erroneous Commission Payments and/or make adjustments to incorrect Commission Payments.
The authority granted to Go Daddy by the Direct Deposit Account owner herein will remain in full force and effect until Go Daddy or the Depository Institution has received written notification from the Direct Deposit Account owner that such authority has been revoked, but in any event, such writing shall be provided in such a manner as to afford Go Daddy or the Depository Institution a reasonable opportunity to act on such revocation, or until Go Daddy or the Depository Institution has sent notice of Go Daddy or the Depository Institution’s termination of this Agreement.
PayPal is available to both domestic CashParking Customers (CashParking Customers based in the U.S.) and international CashParking Customers (CashParking Customers based outside the U.S.). CashParking Customers utilizing PayPal will be paid out monthly on the 15th day of the month for the previous second month’s commissions. Should the 15th day of the month fall on a Saturday, the payout date will be on the previous business day. Should the 15th day of the month fall on a Sunday or holiday, the payout date will be on the next business day. A $25.00 minimum threshold is required before payment will be made to those accounts. If the payment amount exceeds $20,000.00, it will be split into two PayPal payment transactions. Please refer to the PayPal account set-up requirements for your country, which may be found here, to ensure your PayPal account has the ability to receive payments from third parties. Transaction fees for PayPal will be the responsibility of Go Daddy and will not be deducted from your Commission Payment.
Good As Gold
Go Daddy’s “Good As Gold” program is available to both domestic CashParking Customers (CashParking Customers based in the U.S.) and international CashParking Customers (CashParking Customers based outside the U.S.). CashParking Customers utilizing Go Daddy’s “Good As Gold” program will be paid out monthly on the 15th day of the month for the previous second month’s commissions. Should the 15th day of the month fall on a Saturday, the payout date will be on the previous business day. Should the 15th day of the month fall on a Sunday or holiday, the payout date will be on the next business day. A $5.00 minimum threshold is required before payment will be made to those accounts.
CashParking Customers (domestic and international) who fail to establish a Direct Deposit Account, PayPal account, or Good As Gold account, will receive their Commission Payment via paper check.
Commission checks for domestic CashParking Customers will be cut monthly on the 15th of the month for the previous second month’s commissions. Should the 15th day of the month fall on a Saturday, the payout date will be on the previous business day. Should the 15th day of the month fall on a Sunday or holiday, the payout date will be on the next business day. A $100.00 minimum threshold is required before a check will be issued. Domestic CashParking Customers receiving Commission Payments via paper checks acknowledge a $25.00 check processing fee will be levied each time a commission check is printed.
Commission checks for international CashParking Customers will be cut monthly on the 15th of the month for the previous quarter's commissions. Quarterly pay dates are May 15th, August 15th, November 15th, and February 15th. Should the 15th day of the month fall on a Saturday, the payout date will be on the previous business day. Should the 15th day of the month fall on a Sunday or holiday, the payout date will be on the next business day. A $100.00 minimum threshold is required before a check will be issued. No check processing fee is charged for international CashParking Customers.
7. TRADEMARK AND/OR COPYRIGHT CLAIMS
Go Daddy supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to Go Daddy’s Trademark and/or Copyright Infringement Policy.
8. titles and headings; independent covenants; severability
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
9. DEFINITIONS; CONFLICTS
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.