| TheDomain-Parking
Terms
BY
PARKING DOMAIN NAMES WITH TheDomain-Parking.com,
SUBMITTING REGISTRATION INFORMATION,
CHECKING THE "I AGREE" CHECKBOX
AT THE TIME OF REGISTRATION AND/OR EXECUTING
THIS AGREEMENT, YOU ACKNOWLEDGE THAT
YOU HAVE READ, UNDERSTOOD AND AGREED
TO BE BOUND BY THE TERMS AND CONDITIONS
OF THIS AGREEMENT (AS AMENDED FROM TIME
TO TIME BY TheDomain-Parking.com IN
THEIR SOLE AND ABSOLUTE DISCRETION).
IF YOU DO NOT WISH TO BE BOUND BY THIS
AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE
AND DO NOT USE TheDomain-Parking.com
SERVICES. BY CONTINUING TO PARK DOMAIN
NAMES WITH TheDomain-Parking.com FOLLOWING
A CHANGE TO THIS AGREEMENT, YOU ARE
ACCEPTING AND AGREEING TO THE CHANGE.
Member
Responsibilty
Only one afilliate account is allowed
per member. NO incentivized traffic
is allowed. If any affiliate member
is found to be incentivizing, having
more then one account the result will
be immediate cancellation of the account(s)
from which the hits were sent and the
forfeiture of any funds owed to that
account. Members will not generate traffic
to the Member Sites or Our links by
any of the following methods: listings
on newsgroups, bulk e-mailing, icq postings,
or chatroom/irc postings, iframes, zero
pixel frames, hitbots, clickbots, spiders,
cgi-scripts, JavaScript, click farms
or any other similar method.
Failure to comply to this request will
result in the immediate cancellation
of the account from which the Clicks
were generated and may also result in
the forfeiture of any funds owed to
that account. The action of sending
any hits from any URLs which contain
and/or promote the following content:
warez, MP3s, ROMs, SPAM e-mails, or
any other site which contains content
or promotes activities which are illegal
will result in the immediate cancellation
of the account from which the hits were
sent and the forfeiture of any funds
owed to that account
Domain
Names & Intellectual Property Rights.
Members shall not submit to the TheDomain-Parking.com
any Domain Names to which it does not
own all necessary Intellectual Property
Rights. For purposes of the Agreement,
"Intellectual Property Rights"
means any and all rights existing from
time to time under patent law, copyright
law, semiconductor chip protection law,
moral rights law, trade secret law,
trademark law, unfair competition law,
publicity rights law, privacy rights
law, and any and all other proprietary
rights, as well as, any and all applications,
renewals, extensions, restorations and
re-instatements thereof, now or hereafter
in force and effect worldwide. In the
event that any Domain Name is alleged
to infringe any Intellectual Property
Rights, in addition to canceling the
Domain Name from member's account, TheDomain-Parking.com
shall have the right to terminate member
from the account.
Payment.
Each month Member will be paid a commission
of Revenues. "Revenue" is
defined as revenue received by TheDomain-Parking.com
from Member's participation in the Program
from traffic generated during the prior
month less any amount the TheDomain-Parking
determines, in its sole discretion,
was the result of improper use of the
Publisher Site and as such revenue is
otherwise calculated or adjusted by
TheDomain-Parking.com to take into account
any exclusions set forth in these Terms
and Conditions, exclusions based on
TheDomain-Parking.com's fraud rules
and any other adjustments made by TheDomain-Parking.com
in its sole discretion. Such Commission
shall be equal to Fifty Percent (50%)
of all Estimated Click-Through Revenue
received by TheDomain-Parking.com resulting
directly from End User Click-Throughs
of Search Results on Landing Pages of
Client’s Parked Domains.This commission
will be paid to the Member in U.S. Dollars
(USD) within 30 days after the end of
each calendar month if it exceeds fifty
dollars ($50). In the event that the
commission is less than such amount,
the Member will be paid (30) days after
the end of the month in which the total
amount of Revenue collected and unpaid
to Member exceeds such amount. Failure
to comply with these Terms and Conditions
may result in the forfeiture any unpaid
earnings and result in the termination
of Member's account.
Client understands, acknowledges and
agrees that TheDomain-Parking.com shall
not withhold taxes from any payments
due to Client and that it is the sole
responsibility of Client to pay all
local, state, federal and/or foreign
taxes on income received from the Program.
Client agrees to indemnify from and
reimburse to TheDomain-Parking.com any
claim or assessment of taxes by any
foreign or United States federal, state
and/or local taxing authority, and any
other costs and damages, arising from
or in connection with the operation
of this Section.
No
Guarrantee
TheDomain-Parking.com makes no guarantee
or other representation regarding the
amount of Commissions to be paid to
Client under this Agreement. TheDomain-Parking.com’s
system tracks, and payments are made
with respect to, Estimated Click-Through
Revenue. These estimates may or may
not reflect actual Click-Throughs or
revenue related thereto.
DISCLAIMER;
LIMITATION OF LIABILITY.
TheDomain-Paking.com AND ITS AFFILIATES
ARE NOT RESPONSIBLE FOR ANY CONTENT
PROVIDED BY THIRD PARTIES (INCLUDING
ADVERTISERS). THE PROGRAM PARTIES MAKE
NO OTHER REPRESENTATIONS OR WARRANTIES
OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING WITHOUT
LIMITATION WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT.
THE ENTIRE RISK ARISING OUT OF THE USE
OR PERFORMANCE OF THE PROGRAM REMAINS
WITH YOU. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL
PROGRAM PARTIES BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE,
OR OTHER DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, OR OTHER
PECUNIARY LOSS) ARISING OUT OF THIS
AGREEMENT OR THE USE OF OR INABILITY
TO USE THE PROGRAM, EVEN IF TheDomain-Parking.com
HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
No
Agency Created.
You and TheDomain-Parking.com are independent
contractors, and nothing in this Agreement
creates or will create any partnership,
joint venture, agency, franchise, and
sales representative or employment relationship
between the Parties. You have no authority
to make or accept any offers or representations
on behalf of TheDomain-Parking.com.
General
TheDomain-Parking.com reserves the right
to modify or change any of the terms
and conditions of this Agreement at
any time, in our sole and absolute discretion,
by posting a change notice or a new
Agreement on the TheDomain-Parking.com
website and/or Domain Manager client
interface. You agree to check the TheDomain-Parking.com
website and/or Domain Manager client
interface periodically to review such
modifications. If any modifications
are unacceptable to you, your only recourse
is to terminate this Agreement. By continuing
to participate in the TheDomain-Parking.com
Program and/or use the TheDomain-Parking.com
services following the posting of a
change notice or a new Agreement, you
are accepting and agreeing to the change.
BY JOINING TheDomain-Parking.com, YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND UNDERSTAND IT AND THAT,
BY PARTICIPATING IN THE TheDomain-Parking.com
PROGRAM AND/OR USING THE TheDomain-Parking.com
SERVICES, YOU AGREE TO BE BOUND BY ITS
TERMS AND CONDITIONS.
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