CASHPARKING® SERVICE AGREEMENTLast Revised: July 16, 2019
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.1. OVERVIEW
This CashParking® Service Agreement (this “Agreement”) is entered into by and between GoDaddy.com, LLC 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’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) GoDaddy’s Universal Terms of Service, and (ii) any plan limits, product disclaimers or other restrictions presented to you on the CashParking landing page of the GoDaddy website (this “Site”), both (i) and (ii) of which are incorporated herein by reference.
The terms “we”, “us” or “our” shall refer to GoDaddy. 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) 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 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, GoDaddy 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. 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or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.2.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.
GoDaddy reserves the right to revoke your privileges, terminate your account, or take any other measures deemed to be appropriate (as determined by GoDaddy in its sole and absolute discretion) to enforce this Agreement.
We reserve the right to screen domain names prior to enrollment and we may exclude, in our sole discretion, any domain name for any reason, including, but not limited to: a) violation of this Agreement or the Universal Terms of Service; or b) infringement, or potential infringement, of a third party intellectual property right. Without limiting the foregoing, in the event we determine in our sole discretion that a given domain is no longer owned or managed by you, we may remove said domain from your CashParking account.3. AVAILABILITY OF SERVICES
Subject to the terms and conditions of this Agreement and GoDaddy’s policies and procedures, GoDaddy 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 GoDaddy may undertake from time to time; or
- Causes beyond the reasonable control of GoDaddy or that are not reasonably foreseeable by GoDaddy, 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 GoDaddy 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 GoDaddy’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 GoDaddy in its sole and absolute discretion;
- Host the search results pages or otherwise access the search results pages except through GoDaddy’s servers (or such other servers as GoDaddy 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 GoDaddy’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 GoDaddy, (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 GoDaddy.
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 GoDaddy is entitled, GoDaddy specifically reserves the right to:
- Immediately suspend or deactivate any and all domain names or accounts that GoDaddy 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 GoDaddy 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 GoDaddy believes in its sole and absolute discretion to be violating the terms of this Agreement.
GoDaddy 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. GoDaddy 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 GoDaddy's determination regarding the same shall be the final and binding determination. Upon your cancellation of the Services, you acknowledge and agree that GoDaddy has the right to charge you the lesser of (i) $15.00 USD 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.
GoDaddy 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
“Commission Payment(s)” are paid monthly and represent commissions earned in the preceding second month, less any applicable fees, refunds and/or chargebacks. For example, commissions earned in January 2019 would be paid in March 2019.
Commission Payments can be cancelled or suspended at any time due to chargebacks or suspicion of fraud.
In order to receive Commission Payments you will need to set up a payee and assign it to your CashParking account.
A list of supported payment methods, applicable fees, and minimum payment thresholds are published here:
You may be required to provide information including, but not limited to, that which relates to tax or confirms your identity in order to comply with all applicable laws based on the country indicated in either the contact or payment sections of your payee account during setup.
You hereby authorize GoDaddy to initiate and post entries to the deposit account(s) that you designate, both (i) credit (positive) entries for Commission Payments and (ii) debit (negative) entries to reverse erroneous Commission Payments and/or make adjustments to incorrect Commission Payments. The authority granted to us by you or the deposit account owner(s) will remain in full force and effect until we or the depository institution have received written notification from you or the deposit account owner(s) that such authority has been revoked or until the termination of your Cash Parking account.
You acknowledge and agree that Commission Payments may take 1-5 business days to be posted to the deposit account once they are initiated, depending on the payment method and currency selected. GoDaddy expressly disclaims any liability or responsibility regarding the same.
The issuer of your Commission Payment method or an intermediary may charge you additional fees to receive funds. Please check with the issuer of your Commission Payment method for details.7. TRADEMARK AND/OR COPYRIGHT CLAIMS
GoDaddy 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 GoDaddy’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.