GoDaddy - Reseller Agreement
Last Revised: 5/01/2022
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
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OVERVIEW
The Universal Terms of Service Agreement sets forth the general terms and conditions of your use of the Site and the Services. This Reseller Agreement (this “Service Agreement”) governs your use of GoDaddy’s Reseller program(s) “Reseller Programs”) for the purpose of selling some of GoDaddy’s products and services (the “Services”) to your own customers. Capitalized terms used in this Service Agreement, but not defined are defined in the Agreement.
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DESCRIPTION OF SERVICES
- Turnkey Reseller Program
- Basic and Pro Reseller Programs.The Basic and Pro Turnkey Reseller Programs provide you with a turnkey Reseller site from which you may offer certain Services for sale . The Services available for you to offer for sale may not include all of our Services (“Available Services”). By default, you will be assigned all of the Available Services to offer for sale, except for our Microsoft 365 Services (set out in paragraph 2.3 of this Service Agreement), which you can choose whether to offer for sale. You agree that we may, from time to time, make changes to your Reseller site.
- Super Reseller Program.A Super Reseller Program provides you with a turnkey Reseller site from which you may offer for sale the Available Services, as well as offer for sale Reseller Programs to your own Sub-Resellers (customers who purchase a Reseller Program from you).
- Microsoft 365 Services. The Reseller Program includes a variety of Microsoft 365 email service plans, should you choose to offer these plans for sale the plans are set forth in the Microsoft 365 Terms of Use.
- API Reseller Program. An Application Programming Interface (“API”) Reseller Program (“API Reseller Program”) allows you to sell domain name registrations and email services to your own customers using your own website. We do not provide you with a turnkey Reseller site.
- Turnkey Reseller Program
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Account Termination; Limitations
- Data Protection. Subject to the terms and conditions of the Reseller Data Processing Addendum and its attachments and Appendices (the "DPA"), incorporated herein, you may be granted access to customer data for limited purposes and uses. You warrant that you will comply with all applicable data protection legislation. Any access and use of customer data is permitted only upon your strict adherence to the terms and conditions of the DPA, and any failure to comply with or breach of its terms will be grounds for immediate termination of this Service Agreement and your participation in the Reseller Program.
- Access to your customers’ account. We may, in our sole discretion, grant you access to your customers’ account if you have your customer’s consent to manage their products, services, payment methods or other related items (“Account Details”). Additionally, we may, in our sole discretion, require that you provide evidence of such customer consent.
You will treat all Account Details as Confidential Information. You agree to maintain the integrity and security of your customers’ Account Details, and will limit access of Account Details to its rightful owner. You may not alter, change, cancel or add Account Details without the express consent of your customer. You represent and warrant that your access of any Account Details will comply with all applicable laws, including any data protection laws. - Prices and Fees. Subject to the terms and conditions of this Agreement, you acknowledge that all prices and fees for the Available Services are subject to change from time to time, and at our sole discretion.
- Money Back Guarantee. If within thirty (30) days of the date you purchase a Reseller Program, you want to cancel your Reseller account for any reason, you are entitled to a full refund of the annual licensing fee only. You and your customers are not entitled to any refunds for any Services purchased and you will not receive any Commission Payments, if applicable.
- Customer Notices. If there are any revisions, modifications, discontinuances or other material changes to the Services that require customer notification, you will assist us in notifying your customers.
- Confidentiality. You agree that you will exercise a reasonable level of care and discretion to prevent and restrain the use, disclosure, or reproduction of our Confidential Information. “Confidential Information” includes, but is not limited to, any customer, order, domain name, Services-specific, or marketing information, or any other non-public information discovered within your Reseller Control Center. Confidential Information does not include any information, however designated, that
- is or subsequently becomes publicly available without your breach of any obligation under this Agreement;
- became known to you prior to disclosure under this Agreement,
- became known to you from a source other than us and other than by the breach of another obligation of confidentiality; or
- is independently developed by you.
- Ethical Standards and Anti-Bribery. You shall:
- comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 (“Relevant Requirements”);
- not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if that activity, practice or conduct had been carried out in the UK;
- comply with the ethics, anti-bribery and anti-corruption policies annexed to this agreement, as we may update them from time to time (“Relevant Policies”);
- have and shall maintain in place throughout the term of this agreement its own policies and procedures, including adequate procedures under the Bribery Act 2010, to ensure compliance with the Relevant Requirements, the Relevant Policies and will enforce them where appropriate; and
- promptly report to us any request or demand for any undue financial or other advantage of any kind received by the Agent in connection with the performance of this agreement.
- Misrepresentations. You will not make or give any false or misleading representation, warranties, clai