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This CashParking Service Agreement ("Agreement") is entered into by and between GoDaddy.com, Inc. ("Go Daddy") a/an Arizona corporation and you and your heirs, agents, successors and assigns (collectively, "You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Go Daddy's CashParking service and its related services (collectively, the "Services") and represents the entire agreement between You and Go Daddy concerning the subject matter hereof. By using the Services, You acknowledge that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies including, but not limited to, the Universal Terms of Service that Go Daddy may establish from time to time, in its sole discretion, and any agreements that Go Daddy is currently bound by or may become bound by in the future. Such Agreements may be found here. All Go Daddy policies and agreements related to Your use of the Services are incorporated herein and made part of this Agreement by reference.
1. The Service
Go Daddy grants You a non-exclusive license to use the Services, provided, however, that You abide by the terms and conditions set forth herein and in each of Go Daddy's policies and procedures.
The Services generally allow You to:
- provide a platform for advertising link on parked pages;
- generate revenue from the advertising links on a per click basis; and
- receive a portion of the revenue generated from the advertising links.
Availability of Services
Subject to the terms and conditions of this Agreement and each of 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: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Go Daddy may undertake from time to time; or (iii) causes beyond the reasonable control of Go Daddy or that are not reasonably foreseeable by Go Daddy, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree Go Daddy has no control over the availability of the Services on a continuous or uninterrupted basis.
Calculation of Revenue; Cancellation
Go Daddy shall use commercially reasonable efforts to provide You with accurate daily estimates of the revenue Your web site(s) generates. You acknowledge and agree any daily estimates are not an exact determination, do not represent an exact determination and the actual amount(s) determined at the end of any revenue generating period may be different. Additionally, in calculating the distribution of revenue generated by any web site, 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 the distribution of revenue generated by any web site, Go Daddy's determination of any amount owed to You shall be the final and binding determination. Upon Your cancellation of Your Services, You acknowledge and agree Go Daddy has the right to charge You a Fifteen and No/100 Dollar ($15.00) administrative fee in connection with Your cancellation. This amount shall be deducted from any unpaid funds in Your Service account. Any funds in excess shall be paid to You in accordance with Your selected payment option.
2. payment
Commission payments for all domestic Cashparking Customers ("You") will be paid by via direct deposit into 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 2009 would be paid by March 15, 2009. 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 $50.00 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.
Commission checks for domestic Cashparking Customers who fail to establish a Direct Deposit Account will be cut monthly on the 15th of the month for the previous second month's commission. Should the fifthteenth (15th) day of the month fall on a Saturday, the payout date will be on the previous business day. Should the fifthteenth (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 check processing fee will be levied each time a commission check is printed. This fee is not applicable to foreign Cashparking Customers.
Commission checks for foreign Cashparking Customers will be cut quarterly on the 15th of the month for the previous quarter's commissions. A $100.00 minimum threshold is required before a check will be issued. Quarterly pay dates are May 15, August 15, November 15, and February 15th.
Domestic Cashparking Customers utilizing PayPal will be paid out monthly on the fifthteenth (15th) day of the month. Should the fifthteenth (15th) day of the month fall on a Saturday, the payout date will be on the previous business day. Should the fifthteenth (15th) day of the month fall on a Sunday or holiday, the payout date will be on the next business day. A Twenty-Five Dollar ($25.00) minimum threshold is required before payment will be made to those accounts. Transaction fees for PayPal will be the responsibility of Go Daddy and will not be deducted from Your Commission Payment.
Domestic Cashparking Customers utilizing Go Daddy’s “Good As Gold” program will be paid out monthly on the fifthteenth (15th) day of the month. Should the fifthteenth (15th) day of the month fall on a Saturday, the payout date will be on the previous business day. Should the fifthteenth (15th) day of the month fall on a Sunday or holiday, the payout date will be on the next business day. A Five Dollar ($5.00) minimum threshold is required before payment will be made to those accounts.
3. Trademark dispute policy
Go Daddy supports the protection of intellectual property, and has developed policies and procedures to assist intellectual property rights owners in the protection of their brands. If You believe a domain name is in itself an infringement of Your intellectual property, please follow the dispute procedure outlined below. If You believe the advertising and links present on a domain name using the Services is infringing, please submit a complaint to trademarkclaims@godaddy.com , and insert "CashParking Trademark Claim" in the subject line.
To be considered effective, the email notification must contain the following information:
- sufficient evidence the party posting the trademark that is claimed to be infringing is a Go Daddy customer;
- the trademark, service mark, trade dress, name, or other indicia of origin (the "Mark") that is claimed to be infringed;
- the name, post office address and telephone number of the owner of the Mark identified above;
- the goods and/or services covered by or offered under the Mark identified above;
- the date of first use of the Mark identified above;
- the date of first use in interstate commerce of the Mark identified above;
- the advertisement, text link or domain name You believe is an infringement of the Mark identified above;
- the goods and/or services covered by or offered under the mark claimed to be infringing;
- the precise location of the advertisement, text link or domain name that is claimed to be infringing, including electronic mail address, etc.; and
- a good faith certification signed under penalty of perjury, stating: (i) the mark [identify mark] infringes the rights of another party; (ii) the name of such said party; (iii) the Mark [identify mark] being infringed, and (iv) that the use of the mark [identify mark] claimed to be infringing at issue is not defensible.
Upon receipt of the appropriate information identified above, Go Daddy will initiate an investigation. If Go Daddy determines in its sole discretion that You have raised a legitimate trademark claim, Go Daddy may, in its sole discretion and without any legal obligation to do so, notify the posting party, remove any disputed domain name and/or redirect the offending domain name to an alternative page.
Notification to Go Daddy Customers and Account Holders
It is Go Daddy's policy to provide for the termination, in appropriate circumstances, of Go Daddy customers and account holders who are repeat infringers of trademarks or any other intellectual property.
4. Go Daddy 's rights and restrictions; remedies and penalties
Go Daddy explicitly reserves the right and sole discretion to:
- modify its pricing, if desired by Go Daddy ;
- review Your use of the Services for excessive space and bandwidth utilization, if applicable, and to terminate Your use of the Services or apply additional fees if You exceed allowed levels;
- establish limits and guidelines concerning the use of the Services;
- terminate Your use of the Services for use of the Services to unnecessarily or illegally harass, non-payment of fees for the Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Go Daddy, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Go Daddy determines, in its sole discretion, to be harmful to its other customers, operations, or reputation;
- terminate Your use of the Services if Your use of the Services results in, or is the subject of, legal action or threatened or proposed legal action, against Go Daddy or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and
- terminate Your use of the Services if You have not accessed or logged into it for more than ninety (90) days.
You may not purchase or generate traffic to Your web site or Go Daddy's links by any of the following methods: listing on newsgroups, bulk e-mailing, icq postings, chatroom postings, iframes, zero pixel frames, hitbots, clickbots, spiders, cgi-scripts, JavaScript, click farms, advertising the domain name or purchasing advertising for the domain name or any other similar method. You may not beg, ask, entice or incentivize users into clicking on Go Daddy's links. You may not mislead visitors into believing that he/she shall receive anything other than an internet search by clicking on a textlink or search box. Referring pages must not be password protected in any way.
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 any domain names that Go Daddy believes in its sole discretion to be violating the terms of this Agreement;
- charge You a Twenty Nine and No/100 Dollars ($29.00) administrative fee for any and each domain name that Go Daddy believes in its sole 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;
- deactivate any and all accounts and domains that Go Daddy believes in its sole discretion to be violating the terms of this Agreement; and
- provide advertising partners with any and all domain names that Go Daddy believe in its sole discretion to be violating the terms of this Agreement.
Additional Restrictions
You shall not:
- 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;
- host the search results pages;
- redirect an end user away from the search results page, provide a version of the search results page different from the page served to an end user by or as directed by Go Daddy, cache, capture, or store any search results; or intersperse any content between the landing page and the search results page, including, without limitation, content framing landing pages or search results pages;
- display any search results pages or landing pages, or the content thereof, in part or in total, to any third parties, including, without limitation, display on any Your Web sites or anywhere else;
- enter into any arrangement or agreement under which any third party pays You fees or shares in any revenue payments and/or royalties for any search results displayed on the Your web site, except as permitted in this Agreement;
- 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;
- provide any interface for downloading any computer software application (each, an "Downloadable App"), any marketing materials for any Downloadable App, or any hyperlinks to any of the foregoing.
You shall also abide by the following limitations, among others:
- under no circumstances shall Your web site be a downloadable or internet accessible application, as determined by Go Daddy in its sole reasonable discretion;
- search results pages accessed through the Program shall be solely through Go Daddy's servers (or such other servers as Go Daddy in its sole discretion may use), hosted on Go Daddy's servers or domains, meaning that Go Daddy shall host or on its behalf provide for hosting of all Search Results Pages in response to valid queries;
- Your Web site may not place or display any unauthorized branding or attribution of any kind, including without limitation on any landing page, search results page or framed in conjunction with any such pages, to indicate that any search engine is providing such results or for other promotional purposes;
- Your web site shall not contain any pornographic, hate-related or violent content or contain any other material, products or services that (a) violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights, or (b) would otherwise give rise to civil liability; or
- under no circumstances shall You include content above or below the landing page unless that content is pre-approved in writing by Go Daddy, and all changes to any such content must also be pre-approved in writing by Go Daddy.
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