PRO PROGRAM AGREEMENT
This GoDaddy Pro Program Terms of Service Agreement (this “Agreement”) is entered into by and between GoDaddy.com, LLC, a Delaware limited liability company ("GoDaddy") 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 GoDaddy Pro Services (“Pro Services”) and Pro Connect (“Pro Connect”), collectively referred to as the GoDaddy Pro Program (“Pro Program”). For the purposes of this Agreement, a freelancer or independent web professional that provides services to individuals in accordance with the Pro Program will be referred to as a “Pro Program Provider(s),” and individuals seeking to engage the services of Pro Program Providers will be referred to as a “Pro Program Customer(s).”
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with GoDaddy's Universal Terms of Service Agreement, which are incorporated herein by reference.
The terms “we”, “us” or “our” shall refer to GoDaddy. The terms “you” or “your” refers to any individual or entity that accepts this Agreement, whether that be as a Pro Program Provider or as a Pro Program Customer. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
GoDaddy, 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 the GoDaddy website (this “Site”). You acknowledge and agree that (i) GoDaddy may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services 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. In addition, GoDaddy may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. GoDaddy 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or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
You agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the United States of America.2. DESCRIPTION OF PRO SERVICES
Pro Services offer a streamlined platform that allows Pro Program Providers to purchase, set up, and manage GoDaddy products for Pro Program Customers. Pro Services include: i) Shared Shopping, which allows you to send Pro Program Customers a shopping cart to buy GoDaddy products for their website, ii) Account Access, which allows you to view or administer a Pro Program Customer’s GoDaddy account iii) Site Monitoring, which allows you to monitor a Pro Program Customer’s website’s uptime and server response time, and iv) a direct access line to our GoDaddy Pro technical support representatives.3. DESCRIPTION OF PRO CONNECT
Only Pro Program Providers that have achieved and been designated “Pro Plus” status by GoDaddy (“Pro Plus Providers”), are allowed to join the Pro Connect. Pro Connect offers a venue for the exchange of information between Pro Plus Provider and Pro Program Customers. More specifically:
For Pro Plus Providers:
- Create a publicly-viewable profile with professional details including name, location, biography, skills, customer reviews, background, availability, representative work, and contact details;
- Receive contact from Pro Program Customers who find the Pro Plus Provider’s profile via the Pro Connect directory; and
- Seek ratings and reviews from previous Pro Program Customers and provide responses to such reviews (but note that Pro Plus Provider cannot delete past reviews).
- Have their publicly-viewable profile accessible via the Pro Connect directory and search results
For Pro Program Customers:
- Submit a request to Pro Plus Provider for assistance in building a website or making changes to an existing website;
- Receive expressions of interest from Pro Plus Provider;
- Contact Pro Plus Provider to discuss the web development project and expression of interest;
- Leave reviews for Pro Plus Provider they have worked with.
Via Pro Connect, Pro Program Customers can easily search, contact, and establish a business relationship with Pro Plus Provider. GoDaddy does not intend to act as an agent for either party and/or facilitate payment processing between the parties.4. ACCOUNT ACCESS TERMS
Use of the Pro Program includes functionality that allows the Pro Program Provider to request authorized access rights to accounts of Pro Program Customer(s), or to grant limited or full access of your GoDaddy account to a Pro Program Provider, with whom you have an established business relationship. Any such access or grant is subject to and governed strictly by the terms and conditions of the Account Access Terms of Service, which are incorporated herein by reference.
Account access may be granted on a limited basis, in which case the Pro Program Provider will be able to view the GoDaddy account of the Pro Program Customer, or on a full basis, in which case the Pro Program Provider will be able to purchase GoDaddy products on the Pro Program Customer’s behalf, via the payment method on file in the Pro Program Customer’s account.
Any violation of this Agreement or the Account Access Terms of Service, which will be determined in our sole and absolute discretion, may result in the immediate termination of your access to the Pro Program, criminal prosecution, and/or a civil lawsuit. If the Pro Program is cancelled for any reason, any content or data you have entered into the Pro Program will be lost and will not be recoverable.5. BETA PROGRAM TERMS
GoDaddy may elect to offer a pre-release “Beta” version of the Pro Program or a particular feature or features offered within the Pro Program (the “Beta Pro Program”). If the services or feature are offered as a Beta Pro Program, you will be notified that the feature is available in pre-release form only and offered a choice regarding your participation. Should you choose to participate in the Beta Pro Program, you will be able to make use of the pre-release version of the services or feature, and to test various scenarios and use cases within the services.
The services and any features offered in the Beta Pro Program are offered on an "as is" basis without warranty of any kind. By participating in the Beta Pro Program, you agree not to utilize the Beta Pro Program for production or mission critical applications.
Your election to participate in the Beta Pro Program indicates that you are willing to provide feedback to GoDaddy regarding the services and features, and that GoDaddy may contact you to solicit your feedback and opinions regarding the services and features.
GoDaddy may discontinue the Beta Pro Program, or your participation in the Beta Pro Program, at any time and for any reason.6. MANAGEWP SERVICES
As a Pro Program Provider, you may have access to use ManageWP. ManageWP is a website management console which allows its users to administer any number of websites including, but not limited to, management, monitoring, backups, deployment, publishing, and security tools. You acknowledge and agree that your use of ManageWP is subject to the terms of service located here, which are hereby incorporated by reference.7. REWARD POINTS & PRO CONNECT ELIGIBILITY FOR PRO PROGRAM PROVIDERS
7(a) Rewards Program Rules
As a Pro Program Provider, you have the opportunity to earn reward points for purchases (“Points”) made through the use of the Pro Program. Your participation in the GoDaddy Pro Rewards Program (“Rewards Program”) is subject to the Rewards Program Rules set forth below:
The Rewards Program structure is subject to modification, cancellation, or limitation at GoDaddy's discretion, with or without notice. Point redemption restrictions may be imposed at any time.
- Only individuals are eligible to participate in the Rewards Program, and each individual may maintain only one Rewards Program account. Corporations, groups and/or associated entities cannot participate in the Rewards Program.
- Accrued Points do not constitute property of the customer. Points have no cash value. Points accrued by a customer are for the customer’s benefit only and may not be transferred to anyone.
- POINTS EXPIRATION POLICY: Customer must maintain an active account in the Pro Program to retain Points they accumulate. Points expire 2 years after being accrued.
7(b) Earning and Using Points
- Points are earned by completing or referring orders through the Pro Program, as well as by completing orders in the Pros account. You acknowledge and agree that only purchases completed through the Pro Program or through your own account will be eligible for Points. Purchases completed 1) over the telephone, 2) through GoDaddy’s Discount Domain Club, or 3) through a GoDaddy affiliated entity, are not eligible for earning Points.
- GoDaddy shall use commercially reasonable efforts to provide you with accurate daily estimates of the Points that you have generated. You acknowledge and agree that daily estimates do not represent an exact determination of your Points and the exact amount of your Points are determined at the end of the applicable revenue generating period. Additionally, in calculating your Points, amounts may include fractions of a monetary unit. We shall use commercially reasonable efforts to round these amounts to the nearest point in a manner so as to benefit you. However, our determination regarding calculating Points shall be the final and binding.
- Orders that are refunded or charged back to the original payment method will debt any earned Points that the order generated from your Point balance. Qualifying orders are net of returns, credits, refunds and adjustments and defined as purchases made at GoDaddy.com or its affiliate sites excluding sales taxes,
- Points are not earned until thirty (30) days after the purchase date of the services. After this time, Points are able to be redeemed for in-store credit available to be used exclusively at GoDaddy.com. Such Points will be redeemed in the equivalent of U.S. Dollars.
- Points redeemed to GoDaddy.com in-store credit are not eligible to be cashed out and are subject to cancellation two years after they’ve been accrued.
- GoDaddy reserves the right to revoke Points if there is suspected fraudulent or abusive activity.
- The earning structure (the "Earning Structure") for the Pro Program shall be based on the total checkout amount in U.S. Dollars in you or your Customer’s shopping cart after any applicable product discounts or exclusions. The Earning Structure may be comprised of (i) a percentage rate per product or service, (ii) a fixed amount per product or service, or (iii) a combination of both. The current Earning Structure is set forth below:
Title Effective Date Percentage Qualifying products – Pro Program Provider Qualifying products – Pro Plus Provider 2/8/2016
7(c) Pro Connect Eligibility for Pro Program Providers
To be eligible for joining Pro Connect, you must be a Pro Plus Provider.
7(d) Pro Plus Eligibility for Pro Program Providers
All Pro Program Providers are eligible for the Pro Plus status by earning 2,500 qualifying Points within a calendar year. Upon earning 2,500 qualifying Points, a Pro Program Provider will automatically receive Pro Plus status and designated by GoDaddy as a Pro Plus Provider.
Pro Plus Providers receive benefits over regular Pro Program Provider: the ability to create a profile in the Pro Connect as per Section 3 and the ability to earn additional Points as per Section 7(b)(vii).
Pro Plus status automatically terminates December 31st of the year following the members promotion to Pro Plus, unless you earn an additional 2,500 qualifying Points during the next calendar year.
Redeeming Points for in-store credit does not affect the number of points earned for the purposes of being eligible for the Pro Plus membership.8. REMEDIES AND RIGHT TO CANCEL
Without limiting any of our rights and remedies, if:
- You breach this Agreement or any document incorporated by reference;
- GoDaddy determines your actions may pose a risk to GoDaddy or its members;
- As a Pro Program Provider, you receive an average rating of below 4 stars (out of 5) across at least 10 reviews; or
- GoDaddy determines your use of the Pro Program infringes on the intellectual property or legal rights of others.
GoDaddy may immediately and indefinitely revoke your privileges, suspend or close your account(s) and refuse to offer the Pro Program to you, or take any other measures deemed to be appropriate (as determined by GoDaddy in its sole and absolute discretion) to enforce or terminate this Agreement.9. DISCLAIMER AND RELEASE
Although GoDaddy takes certain steps to examine the credentials of a Pro Program Provider, as a Pro Program Customer, you understand that nothing about GoDaddy's Pro Program is intended to replace or override any licensing requirements for an independent web professional. GoDaddy makes no guarantees or representations regarding the skills of Pro Program Providers or the quality of the services that he or she may perform for you. If you elect to retain their services, GoDaddy does not endorse or recommend the services of any particular Pro Program Provider. Anyone using the Pro Program should rely on his or her own independent judgment or, as appropriate, seek the advice of a competent professional in determining the exercise of reasonable care in any given circumstances. It is entirely up to you to evaluate an individual’s qualifications, and to enter into a direct contract or otherwise reach agreement with a Pro Program Provider. Pro Program Providers are not contractors, employees or agents of GoDaddy.
GoDaddy is not involved in the actual contract between a Pro Program Customer and a Pro Program Provider or in the completion of any services. Should there be a dispute between the parties, you must address such dispute directly with the individual you are in contract with.
YOU hereby agree to release, INDEMNIFY, DEFEND AND HOLD HARMLESS GoDaddy AND ANY OF ITS AFFILIATES CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND ASSIGNS FROM AND AGAINST ALL LIABILITIES, CLAIMS, DAMAGES (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES), COST AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CONDUCT, ACT OR OMISSION OF ANOTHER PRO PROGRAM MEMBER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTES BETWEEN YOU AND YOUR DEALINGS WITH ANOTHER PRO PROGRAM MEMBER.
UNDER NO CIRCUMSTANCES WILL GoDaddy AND ANY OF ITS AFFILIATES, CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE BETA PRO PROGRAM OR THE PRO PROGRAM, INCLUDING BUT NOT LIMITED TO YOUR AUTHORIZD OR UNAUTHORIZED ACCESS OF ANY PRO PROGRAM CUSTOMER’S ACCOUNT, OR ANY LOSS OF DATA OR CONTENT YOU MIGHT EXPERIENCE AS A RESULT OF OUR DISCONTINUATION OF THE BETA PRO PROGRAM OR THE PRO PROGRAM FOR ANY REASON.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT GoDaddy OR ANY OF ITS AFFILIATES, CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND ASSIGNS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO THE PRO PROGRAM PROVIDER DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.10. 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.11. 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.12. CONTACT US
If you have any questions about the GoDaddy Pro Program or this Agreement, please contact us at the address below:
GoDaddy Legal Department
14455 North Hayden Rd.
Scottsdale, AZ 85260
Telephone: (866) 938-1119