This Go Daddy Affiliate Program Service Agreement (this “Agreement”) is entered into by and between GoDaddy.com, Inc., an Arizona corporation (“Go Daddy”) and you (“You” or “Affiliate”), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of the Go Daddy Affiliate Program (the “Go Daddy Affiliate Program” or the “Services”) and represents the entire agreement between You and Go Daddy. By using the Go Daddy Affiliate Program, You acknowledge 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 and conditions hereto, including, but not limited to, Go Daddy’s Universal Terms of Service and Go Daddy’s Privacy Policy, which are incorporated by reference and may be found here.

1.  DESCRIPTION OF THE PROGRAM

Go Daddy grants You a non-exclusive, non-transferable limited license to use the Go Daddy Affiliate Program in accordance with the terms and conditions set forth herein.

The Go Daddy Affiliate Program allows You to provide a platform for advertising Go Daddy via Your “Web Site” or “Publishing Location” (such as an electronic newsletter or blog), thereby driving traffic to Go Daddy’s Web Site or Web Site content, whereby You may earn a portion of the revenue generated (a “Commission Payment”) if a person or entity that is not You (a “Visitor”) purchases a Go Daddy product or service after being referred to Go Daddy’s Web Site or Web Site content from an internet hyperlink (a “Link”) contained on Your Web Site or Publishing Location.

After being referred to Go Daddy’s Web Site or Web Site content from a Link contained on Your Web Site or Publishing Location, Visitors have forty-five (45) days to complete their purchase in order for You to receive a Commission Payment.  Should the Visitor click on another Web Site or Publishing Location’s Link that is not controlled by You, or return to the Go Daddy Web Site via another source-coded advertising Link during the initial forty-five (45) days, Your Link will be overwritten and You will not receive a Commission Payment for that Visitor’s purchase. All Go Daddy products and services will be eligible for a Commission Payment except for: .CO domains; premium domains; Go Daddy Auctions™ items; Sunrise/Landrush domain registrations, memberships or maintenance plans; additional disk space and bandwidth renewals; custom page layouts; Go Daddy Marketplace® products; photos or photo-related products; posters; die-cast cars; or gift cards.

You acknowledge and agree that only purchases completed through Go Daddy’s Web Site or Web Site content will be eligible for a Commission Payment.  No purchases taken or completed over the telephone will be eligible for a Commission Payment.

2.  PARTICIPATION IN THE PROGRAM

1. You are not eligible for a Commission Payment on purchases made by You, Your employees, agents, representatives, or contractors; and
2. Go Daddy employees (and their immediate family members) are not allowed to participate in the Go Daddy Affiliate Program.

3.  WEB SITE AND PUBLISHING LOCATION RESTRICTIONS

You acknowledge and agree that Your Web Site or Publishing Location shall not (and shall not enable others to):

1. Engage in (a) sending unsolicited commercial email (“spam”) or (b) indiscriminate advertising;
2. Fail to comply with the CAN-SPAM Act of 2003 (Public Law 108-187) or other applicable laws regulating commercial email;
3. Collect personal information about minors without their parent’s prior written consent;
4. Contain pornographic or obscene content, tasteless images, or excessively violent or hate-related material, as determined by Go Daddy in its sole and absolute discretion;
5. Encourage the use of a controlled substance;
6. Encourage unlawful behavior;
7. Display, promote or sell illegal content, or offer any illegal product or service;
8. Violate any applicable law;
9. Contain any false, inaccurate, misleading, defamatory, slanderous or libelous content or statements;
10. Advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity;
11. Contain Links to Web Sites containing the serial numbers for unlocking software illegally, pyramid schemes, or impersonations of another person or organization; or
12. Contain Links to Web Sites containing any of the aforementioned content.

In addition, You acknowledge and agree You shall not:

1. Copy, alter or modify any icons, buttons, banners, graphics, files, or content contained in Go Daddy’s Links, including but not limited to removing or altering any copyright or trademark notices.  You recognize that Go Daddy owns all rights in and to all information regarding the Visitors that You refer to Go Daddy’s Web Site or Web Site content.
2. Enter into any arrangement or agreement under which a third party pays You fees or shares in any revenues or royalties for any search results displayed on Your Web Site.
3. Alter the tracking codes to allow You to collect personally identifiable information of Visitors that would allow You to personally identify Visitors.
4. Allow Your Web Site or Publishing Location be a downloadable or internet accessible application, as determined by Go Daddy in its sole and absolute discretion.
5. Use a GoDaddy.com look-a-like site that suggests or gives the Visitor the impression that Your Web Site or Publishing Location is affiliated with GoDaddy.com. Your Web Site or Publishing Location shall not in any way copy or resemble the look and feel of Go Daddy’s Web Site or Web Site content, and You shall not create the impression that Your Web Site or Publishing Location is part of Go Daddy’s network of Web Sites.  This includes using Go Daddy’s trademarks, trade names, or any variations or misspellings thereof, in Your URL, business name, or site name.  You shall not “frame” or permit the “framing” of any page of Go Daddy’s network of Web Sites.
6. Cause any purchases to be made that are not in good faith, including, but not limited to, using any method, device, program, robot iframes, or hidden frames.  Multiple purchases from the same individual, entity or IP address may be considered non–bona fide purchases. Non-bona fide purchases shall not be eligible for Commission Payments.
7. Do anything to give the impression to anyone that You are an Internet Corporation for Assigned Names and Numbers (“ICANN”) approved registrar.
8. Engage in activities, whether lawful or unlawful, that Go Daddy determines, in its sole and absolute discretion, to be harmful to Go Daddy or its customers, employees, operations, or reputation.
9. Purchase or generate traffic to Your Web Site or Publishing Location by any of the following methods: listing on newsgroups, bulk emailing, 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 acknowledge agree that Go Daddy may terminate Your Services (a) if You, Your Web Site or Your Publishing Location violates, as determined by Go Daddy in its sole and absolute discretion, any of the aforementioned restrictions or additional restrictions, (b) for non-payment of fees, including the Administrative Fee (as hereinafter defined), and/or (c) if Your Web Site or Publishing Location is not live, is under construction, or is a personal homepage or other personal site.

4.  CALCULATION OF COMMISSION PAYMENTS

Commission Payments Generally

Go Daddy shall use commercially reasonable efforts to provide You with accurate daily estimates of the revenue Your Web Site or Publishing Location 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) Fifteen Dollars ($15.00) or (ii) the unpaid funds remaining in Your Go Daddy Affiliate Program account as an “Administrative Fee” in connection with Your cancellation of the Services. Any funds remaining in Your Go Daddy Affiliate Program account after the deduction of the Administrative Fee shall be paid to You in accordance with Your selected payment option.

Commission Payments will be based on twenty percent (20%) of the total checkout amount in the Visitor’s shopping cart after any applicable discounts or product exclusions. 

Go Daddy will hold the initial Commission Payment on all orders for sixty (60) days from the purchase date.  After this time, Commission Payments will be paid out in accordance with the provisions below and will represent Commission Payments earned in the immediately preceding month or quarter, as the case may be, less any applicable fees and/or charge backs. Commission Payments may be debited or withheld on any orders refunded for fraud or charged back by the issuing bank.

Go Daddy reserves the right to extend the payment date on orders suspected of fraudulent or abusive activity.

Commission Payments for Domestic Affiliates (Affiliates Based in the U.S.)

The payout date is the date that the Commission Payment is sent to You. Commission Payments may be paid by direct deposit, PayPal®, Go Daddy’s “Good As Gold” program, or check.  

i. Direct Deposit

Should You choose to utilize direct deposit, You understand it is Your responsibility to provide a valid U.S. bank account number and the related direct deposit information by signing into Your application management interface (“Go Daddy Affiliate Manager”). 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 “Settings” tab in Go Daddy Affiliate Manager.

Domestic Affiliates utilizing direct deposit hereby authorize Go Daddy to initiate and post credit (positive) entries for Commission Payments to the direct deposit account. Domestic Affiliates understand that the amount initiated and posted to the direct deposit account on a monthly basis will represent Commission Payments earned in the immediately preceding month (subject to the sixty (60) day holding period described above), less any applicable fees and/or charge backs. Commission Payments may be debited or withheld on any orders refunded for fraud or charged back by the issuing bank. A Fifty Dollar ($50.00) minimum threshold is required before a Commission Payment is made to the direct deposit account. Domestic Affiliates utilizing direct deposit will be paid out monthly on the twenty-fifth (25^th) day of the month.  Should the twenty-fifth (25^th) day of the month fall on a Saturday, the payout date will be on the previous business day.  Should the twenty-fifth (25^th) day of the month fall on a Sunday or holiday, the payout date will be on the next business day. 

The authority granted to Go Daddy by the direct deposit account owner will remain in full force and effect until (a) 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 written notification shall afford Go Daddy or the depository institution a reasonable opportunity to act on such revocation, or (b) until the termination of this Agreement.

ii. PayPal

Domestic Affiliates utilizing PayPal will be paid out monthly on the twenty-fifth (25^th) day of the month.  Should the twenty-fifth (25^th) day of the month fall on a Saturday, the payout date will be on the previous business day.  Should the twenty-fifth (25^th) 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.  If the payment amount exceeds $10,000.00, 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.

iii. Good As Gold

Domestic Affiliates utilizing Go Daddy’s “Good As Gold” program will be paid out monthly on the twenty-fifth (25^th) day of the month.  Should the twenty-fifth (25^th) day of the month fall on a Saturday, the payout date will be on the previous business day.  Should the twenty-fifth (25^th) 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.

iv. Check

Domestic Affiliates who fail to choose direct deposit, PayPal or Good As Gold as their payment option will receive their Commission Payment via paper check, which shall be mailed out monthly on the last day of the month. Should the last day of the month fall on a Saturday, checks will be mailed out on the previous business day.  Should the last day of the month fall on a Sunday or holiday, checks will be mailed out on the next business day. A One Hundred Dollar ($100.00) minimum threshold is required before a check will be issued. Domestic Affiliates receiving Commission Payments via paper check acknowledge and agree that a Twenty-Five Dollar ($25.00) check processing fee will be levied each time a Commission Payment check is printed.

Commission Payments for International Affiliates (Affiliates Based Outside the U.S.)

The payout date is the date that the Commission Payment is sent to You. Commission Payments may be paid by PayPal®, Go Daddy’s “Good As Gold” program, or check.  

i. PayPal

International Affiliates utilizing PayPal will be paid out monthly on the twenty-fifth (25^th) day of the month.  Should the twenty-fifth (25^th) day of the month fall on a Saturday, the payout date will be on the previous business day.  Should the twenty-fifth (25^th) 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.

ii. Good As Gold

International Affiliates utilizing Go Daddy’s “Good As Gold” program will be paid out monthly on the twenty-fifth (25^th) day of the month.  Should the twenty-fifth (25^th) day of the month fall on a Saturday, the payout date will be on the previous business day.  Should the twenty-fifth (25^th) 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.

iii. Check

International Affiliates who fail to choose direct deposit, PayPal or Good As Gold as their payment option will receive their Commission Payment via paper check, which shall be mailed out quarterly on the last day of the quarter. Should the last day of the quarter fall on a Saturday, checks will be mailed out on the previous business day.  Should the last day of the quarter fall on a Sunday or holiday, checks will be mailed out on the next business day. A One Hundred Dollar ($100.00) minimum threshold is required before a check will be issued.

Coupon Codes

You acknowledge and agree that Go Daddy only has an obligation to make Commission Payments on purchases utilizing coupon codes that are supplied to You through Go Daddy Affiliate Manager.  Pending Commission Payments earned on purchases in violation of the foregoing will be reversed.  Go Daddy does not make Commission Payments on purchases made by Visitors with the following coupon codes: a coupon code not supplied to You through Go Daddy Affiliate Manager, a coupon code from an internal Go Daddy code or private discount code, a coupon code supplied in Go Daddy customer emails, a coupon code supplied through other programs such as “Commission Junction”, or any coupon that states on its landing page that it is “not compatible with the Go Daddy Affiliate Program.”    

5.  AFFILIATE OBLIGATIONS, REPRESENTATIONS AND WARRANTIES

By using the Services, You represent and warrant that You are at least eighteen (18) years of age. The Go Daddy Affiliate Program is available only to persons who can make legally binding contracts under applicable law.

In addition, You represent and warrant that You have provided accurate, current and complete information in the application and/or registration process and that You will notify Go Daddy within five (5) business days if any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Go Daddy to determine the validity of any information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Go Daddy has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Go Daddy has the right, in its sole and absolute discretion, to terminate Your active Go Daddy Affiliate Program advertisements and close Your Go Daddy Affiliate Program account.

Privacy Obligations

You agree that You will post Your privacy policy on Your Web site or Publishing Location and otherwise make it available to all Visitors.  Your privacy policy must comply with all applicable laws and regulations regarding the privacy of Visitor information, be commercially reasonable, and fully and accurately disclose Your collection and use of Visitor information.  In addition, You must fully and accurately disclose Your use of third party technology, including Go Daddy’s tracking technology, use of cookies, and options for discontinuing use of such cookies. 

Indemnification Obligations

Affiliate covenants and agrees to indemnify and hold harmless Go Daddy from and against any and all claims, damages, losses, penalties, costs, expenses and fees (including without limitation reasonable attorneys’ fees) (collectively, “Claims”) arising out of or in connection with (i) Affiliate’s breach of or non-compliance with this Agreement, (ii) Affiliate’s use of the Services, (iii) Affiliate’s violation or alleged violation of any applicable law, (iv) Affiliate’s violation or alleged violation of any rights of another, including violation of a person's or entity's intellectual property rights, (v) any products or services offered, sold or otherwise made available by Affiliate on Affiliate’s Web Site or Publishing Location, (vi) Affiliate’s acts or omissions in using, displaying or distributing any Links obtained from the Go Daddy Affiliate Program or elsewhere, including but not limited to Affiliate’s use of Links via email distribution, or (vii) any assertion that Go Daddy is obligated to pay taxes in connection with a Commission Payment made by Go Daddy to Affiliate pursuant to this Agreement.  In the context of this Section only, the term “Go Daddy” shall include Go Daddy’s officers, directors, employees, agents, representatives, contractors, and any entity that controls, is controlled by, or is under common control with, Go Daddy.  Affiliate’s indemnification obligations set forth in this Section shall survive the expiration or termination of this Agreement.

6.  SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

7.  AVAILABILITY OF GO DADDY AFFILIATE PROGRAM

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 Go Daddy Affiliate Program 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 Go Daddy Affiliate Program may be inaccessible or inoperable for any reason, including, without limitation:

1. Equipment malfunctions;
2. Periodic maintenance, repairs or replacements that Go Daddy may undertake from time to time; or
3. 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 Go Daddy Affiliate Program on a continuous or uninterrupted basis, and assumes no liability to You or any other party with regard thereto.

8.  GO DADDY'S RIGHTS AND REMEDIES

Go Daddy explicitly reserves the right, in its sole and absolute discretion, to:

1. Modify the pricing, fees (including the Administrative Fee), thresholds, payouts, Links, or any terms and conditions of the Go Daddy Affiliate Program without advance notice, if desired by Go Daddy;
2. Establish limits and guidelines concerning the use of the Go Daddy Affiliate Program; and
3. Terminate Your license to use the Go Daddy Affiliate Program if Your use of the Go Daddy Affiliate Program is in violation of the terms and conditions of this Agreement.

If Go Daddy terminates Your license to use the Go Daddy Affiliate Program, Go Daddy may, in its sole and absolute discretion, remove and destroy any data and files stored by You on its servers. Go Daddy has no obligation to monitor Your use of the Go Daddy Affiliate Program, but reserves the right to do so.

Notwithstanding anything to the contrary in this Agreement, in addition to any and all other rights and remedies to which Go Daddy is entitled, Go Daddy specifically reserves the right to:

1. Terminate the Go Daddy Affiliate Program at any time for any reason.
2. Terminate Your license to use the Go Daddy Affiliate Program at any time for any reason. If Your license is terminated, Go Daddy will make any Commission Payments from validly generated purchases from Your Web Site or Publishing Location which accrue before the termination date. Go Daddy will not make any Commission Payments which accrue after the termination date. You acknowledge and agree that the determination as to whether a purchase was “validly generated” from Your Web Site or Publishing Location shall be made in Go Daddy’s sole and absolute discretion.  If You are terminated and removed from the Go Daddy Affiliate Program, You may appeal at affiliateprogram@godaddy.com.
3. Suspend Your license to use the Go Daddy Affiliate Program at any time for any reason.  If Your license is suspended, You will not receive any Commission Payments during Your suspension period, whether such Commission Payments accrued before or during Your suspension period.  After completion of an internal investigation, if You are allowed back into the Go Daddy Affiliate Program, Go Daddy will make any Commission Payments from validly generated purchases from Your Web Site or Publishing Location which accrued before or during Your suspension period.  You acknowledge and agree that the determination as to whether a purchase was “validly generated” from Your Web Site or Publishing Location shall be made in Go Daddy’s sole and absolute discretion.
4. Require the forfeiture of any previously earned revenue in connection with the Services, which has been paid or yet to be paid on any purchases You generated or assisted in generating during any times when You are in violation of this Agreement.
5. Deactivate any and all accounts and domains that Go Daddy believes, in its sole and absolute discretion, to be violating the terms and conditions of this Agreement.

9.  TRADEMARKS

You acknowledge and agree that the Go Daddy Affiliate Program, the names, trademarks, and logos of Go Daddy, and all related product and service names, design marks and slogans (the "Go Daddy Trademarks"), are the sole and exclusive property of Go Daddy, and Your use of the Go Daddy Trademarks shall inure to the benefit of Go Daddy.  You are not authorized to use the Go Daddy Trademarks in any advertising, publicity, or other commercial venture except by displaying in an unaltered state the icons, buttons, banners, graphics, files, or content contained in Go Daddy's Links as provided in this Agreement.

You agree not to utilize, advertise, or otherwise promote any mark of Go Daddy in the headline or description copy associated with pay-for-placement search engines or paid search engine advertising and You may not bid on any mark of Go Daddy on any pay-for-placement search engines.