ItsYourDomain.com  Affiliate Agreement

This Affiliate Agreement ("Agreement") sets forth the terms and conditions of an individual's or organization's (the "Affiliate") use of ItsYourDomain.com's ("IYD") domain name registration services to register a domain name on the Internet.

ItsYourDomain.com is engaged in the business of providing Internet domain name registration services. The Affiliate desires to offer ItsYourDomain.com's Internet domain name services to the Affiliate's customers via the ItsYourDomain.com Affiliate Program, (hereinafter be referred to as the "Program"). 

In this Agreement, "we" and "us" means ItsYourDomain.com and "you" and "your" means the Affiliate participating in the Program. The "ItsYourDomain.com Web Site" or "Our Site" means the web site located at http://www.itsyourdomain.com. 

"Your Site" means the web site upon which you establish the Links to Our Site as part of this Program. The "ItsYourDomain.com Services" means ItsYourDomain.com domain name registration services, other domain name services, and other products and services that ItsYourDomain.com may offer through the Program.

NOW THEREFORE, the parties agree to be bound by the terms and conditions set forth below:

1. Enrollment in the ItsYourDomain.com Affiliate Program 
To begin the enrollment process, you must submit a properly completed Program application via Our Site. We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine, in our sole discretion, that Your Site is unsuitable for the Program. Your Site may be deemed by us to be unsuitable if, in our view, it: 

  • contains, promotes or links to sexually explicit or violent material;

  • promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;

  • contains unlawful material, including but not limited to materials that may violate another's intellectual property rights, or links to a site that contains such material;

  • contains information regarding, promotes or links to a site that provides information or promotes illegal activity; or

  • for any other reason that is deemed by us to be unsuitable. 

In this regard, you understand that we reserve the right to conclude that Your Site is unsuitable in accordance with our standards, and we may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded and even if our opinion or suspicion is proven not to be well-founded or if others' sites have been accepted despite having the same or similar characteristics as Your Site. You also understand that if we accept your application, such acceptance shall not imply that Your Site does not meet one or more of the criteria that would have permitted us to reject your application. If we reject your application, you are welcome to reapply to the Program at any time. 

2. Promotion of Our Co-Branded Affiliate Relationship 
If you have been accepted as a Co-Branded Affiliate, we will make available to you all hyper links ("Links") and graphics necessary to promote and offer ItsYourDomain.com Services, which, subject to the terms and conditions hereof, you may display as often and in as many areas on Your Site as you desire. The Links will serve to identify Your Site as a member of our Program and will establish a Link from Your Site to Our Site. 

a. Link
Subject to the terms of clause (b) below, we will provide you an address link, which will contain an action box and domain registration form. The action box will allow You and Your customers to determine the availability of a domain name. This Link will connect Your Site with the area on Our Site (that is Co-Branded with Your name and logo) that will inform the user as to whether the requested domain name is presently available or unavailable. If the domain name is available, the user will then be able to apply for the domain name directly with us.

b. Agreements Regarding Links
In utilizing the Web Address Link you agree that you will cooperate fully with us in order to establish and maintain such Link. You also agree that You will display in Your Site only those graphic images posessing a Link that is provided by us, and you will substitute such images with any new images provided by us from time to time throughout the term of this Agreement. You shall display such graphic images prominently in relevant sections of Your Site. All Links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. Each Link connecting users of Your Site to the pertinent area of Our Site will in no way alter the look, feel or functionality of Our Site.

c. ItsYourDomain.com Responsibilities 
ItsYourDomain.com will be responsible for:

  • providing all information necessary to allow you to make appropriate Links from Your Site to Our Site.

  • processing all applications for Company services placed by a customer following a Link from Your Site;

  • tracking the number and amount of sales generated by the Link from Your Site; and,

  • providing information to you regarding sales statistics. 

Also, we will be responsible for credit card authorizations, payment processing, and related customer service for the ItsYourDomain.com services, it being understood that such activities shall be for our account. 

d. Co-Branded Affiliate Responsibilities 
You are solely responsible for ensuring that the content of Your Site and your products, and services that you offer from Your Site, comply with all applicable copyright laws, trademark laws, servicemark laws and all other laws. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material on Your Site in violation of the law or any agreement, and your indemnity, below, will protect us if you do so. 


3. Promotion of Our Transparent Affiliate Relationship 
If you have been accepted as a Transparent Affiliate, we will make available to you all hyper links ("Links") and graphics necessary for You to anonymously register the customer's domain names through ItsYourDomain.com's web site. 

a. Link 
ItsYourDomain.com will provide you with a secured web address that will contain an action box and domain name registration form. The action box will allow You or the customer to determine the availability of a domain name.

b. ItsYourDomain.com Responsibilities 
ItsYourDomain.com will be solely responsible for:
· registering all domain names;
· tracking the number and amount of sales generated by the Affiliate; 
· providing information to the Affiliate regarding registration statistics; and, 
· providing information to the Affiliate regarding referral fees earned. 

c. Affiliate Responsibilities 
The Affiliate shall be solely responsible for ensuring that the content of the Affiliate's web site and that the Affiliate's products and services that are offered from the Affiliate's web site comply with all applicable copyright, trademark, servicemark, and all other laws. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material on Your Site in violation of the law or any agreement, and your indemnity, below, will protect us if you do so.

4. Referral Fees 

a. Co-Branded Affiliate Referral Fees: ItsYourDomain.com will pay a Co-Branded affiliate a ten percent (10%) referral fee for each domain name registered. The Affiliate's entitlement to a referral fee will accrue only if the customer (i) accesses Our Site through the use of a Link on Your Site; (ii) before exiting our site registers a domain name using ItsYourDomain.com registration services; and (iii) remits full payment to ItsYourDomain.com. ItsYourDomain.com will not, however, pay referral fees on any services that a customer purchases after the customer has reentered the site (other than through a Link from Your Site), even if the customer previously followed a Link from Your Site to Our Site.

b. Transparent Affiliate Referral Fees: Transparent Affiliates set their own resale prices for domain name registrations. The cost of registration to a transparent affiliate is as low as $8.00 per domain. Your actual cost of registration is based on Your registration volume. We bill the customer the resale price you choose. We pay you this resale price minus a 6% credit card processing fee and Your registration cost. For example, if your resale price is $24.95 and Your registration cost is $9.95, we bill the clients $24.95 (charges appear on their credit card statement as "Domain Registration"). The 6% processing fee on $24.95 is $1.50; making your total $23.45 minus your registration cost of $9.95. Thus, you would receive $13.50 for every domain you register through ItsYourDomain.com.

c. Payment of Referral Fees: Referral fees are paid monthly. Checks are mailed to the Affiliates on or around the last day of each month and are paid in arrears. (For example, February's commissions are cut and mailed on or around March 31.) Referral fee checks are only generated when the Affiliate has earned at least $50.00 in commissions. If the minimum $50.00 commission has not been earned in a particular month, referral fees are not lost, but are carried over to the next month. An Affiliate who has not generated a referral fee within a twelve month period shall forfeit any earned, but unpaid commissions.

d. Credit Card Charge Backs. In the event of a charge back by a credit card company or other non-payment by an Affiliate or a Registrant in connection with a registration fee, renewal fee, registrar transfer fee, or other domain service fee you acknowledge and agree that any and all fees, costs, or expenses incurred by ItsYourDomain.com as a result of a credit card charge back shall be deducted from any commissions earned by the Affiliate

5. Reports of Sales and Referral Fees: 
You will use your pre-selected username and password and have the ability to enter a password-protected web site to receive your sales and referral fee statistics. The reports are updated on a daily basis. 

6. Policies and Pricing 
Customers who register domain names through the Program will be deemed to be customers of ItsYourDomain.com. Accordingly, all of our rules, policies, and operating procedures concerning customer applications, customer service, and sales of our services will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for ItsYourDomain.com domain name registration services and other domain name services sold through the Program in accordance with our own pricing policies. Service prices may vary from time to time. 

7. Licenses and Use of the ItsYourDomain.com Logos and Trademarks 
We grant you a non-exclusive, non-transferable, revocable right (i) to access Our Site through the Links solely in accordance with the terms of this agreement and (ii) solely in connection with such Links, to use our logos, trade names, trademarks and similar identifying material relating to us (collectively, the "Licensed Materials"), for the sole purpose of establishing a Link to Our Site so You or users of Your Site can register domain names through ItsYourDomain.com. You may not alter, modify or change the Licensed Materials in any way. 

Other than establishing a Link from Your Site to Our Site, you shall not make any use of any Licensed Materials without first obtaining our prior written consent. You shall not use the Licensed Materials in any manner that is disparaging or that otherwise portrays us in a negative light. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. We, in our sole discretion, may revoke your license at any time, by giving you written notice. 

The licenses described in this Article shall expire upon the written notification of either party. 

8. Obligations Regarding Your Site 
You will be solely responsible for the development, operation and maintenance of Your Site and for all materials that appear on Your Site. Such responsibilities include, but are not limited to, the technical operation of Your Site and all related equipment; the accuracy and propriety of materials posted on Your Site; and, ensuring that materials posted on Your Site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim all liability for all such matters.

9. Termination of this Agreement
This Agreement will begin upon our acceptance of your Program application and continue indefinitely:

a. You may terminate this Agreement at any time, with or without cause, by notifying us in writing that you desire to terminate this Agreement. 

b. We may terminate this Agreement at any time, with or without cause, by notifying you in writing that we desire to terminate this Agreement.

c. You are only eligible to earn referral fees on sales occurring prior to the termination of this Agreement. Any referral fees earned prior to the date of termination will remain payable, excluding amounts earned as a result of credit card fraud, chargebacks, bad debt and credits for cancelled services. We may withhold your final payment, or a portion thereof, for a reasonable time to ensure that the correct amount is paid. Within 24 hours of notice of termination of this Agreement, the Links established under this Agreement shall be removed by you and the you shall discontinue the use of the Licensed Materials provided under Article 7 above.

10. Modification 
We may modify any of the terms and conditions contained in this Agreement at any time and at our sole discretion. You acknowledge and agree that the domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that ItsYourDomain.com, in its sole discretion, may modify this Agreement, from time to time, to comply with any additional rules or policies that may be required under ItsYourDomain.com's ICANN agreement, or to adjust to changing business circumstances.

We will post any modifications to this Agreement on our Web site and they will become effective immediately. Modifications may include, but are not limited to, changes in the referral fee schedule, payment procedures and Program rules. If any modification is unacceptable to You, you may terminate the agreement at any time by providing ItsYourDomain.com with written notice. Your continued participation in the Program following a modification shall constitute Your binding acceptance of the change. No provision of this Agreement shall be modified by You except by means of a written document signed by us. 

11. Relationship of Parties 
You and ItsYourDomain.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Neither of us will have authority to make or accept any offers or representations on the other's behalf. You will not make any statement, whether on Your Site or otherwise, that reasonably would contradict anything in this Article. 

12. LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with respect to any ItsYourDomain.com services provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s). YOU FURTHER AGREE THAT, REGARDLESS OF CIRCUMSTANCES, ITSYOURDOMAIN.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOSS OF REVENUE, PROFITS, OR DATA) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ITSYOURDOMAIN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF ITSYOURDOMAIN.COM'S SERVICES OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES. If a jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, then ItsYourDomain.com's liability for consequential or incidental damages in such jurisdiction is excluded or limited to the extent permitted by law.

13. DISCLAIMER OF WARRANTIES
THE SERVICES WE PROVIDE TO YOU ARE "AS IS." WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE(S). TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

14. Indemnification 
You agree to release, indemnify, defend and hold harmless ItsYourDomain.com and the applicable registry administrator and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses (including reasonable attorneys' fees), and costs (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of, or are based on, (i) your customer's application for, registration of, renewal of, or transfer of, or other services of a particular domain name, or failure to register, renew, transfer, or service a particular domain name, (ii) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (iii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, (iv) the development, operation, maintenance and content of Your Site and products and services offered from Your Site, or (v) any claim related to Your Site, including, without limitation, content therein not attributable to us. This indemnification is in addition to any indemnification required under ICANN's Domain Name Dispute Policy, which is hereby incorporated and made a part of this Agreement by reference, or any similar policy. These obligations shall survive any termination of this Agreement. 

15. Notification 
All notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for us that is posted on the ItsYourDomain.com Web site. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. 

16. Independent Investigation 
You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your site. You also acknowledge and agree that if this Agreement is terminated pursuant to section 9 of this Agreement, all customers who at any time have registered, transferred, renewed or utilized any other services offered through the Program shall remain customers of ItsYourDomain.com.  

17. Construction 
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement. 

18. Governing Law 
This Agreement will be governed by the laws of the United States and State of Illinois, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in the northern district of the State of Illinois, and you irrevocably consent to the personal and subject matter jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. 

19. Entire Agreement 
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications. 

20. Agreement To Be Bound
By applying to become an ItsYourDomain.com Affiliate, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by ItsYourDomain.com.