Terms and Conditions

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SEO.Domains TERMS & CONDITIONS OF SERVICE

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I. INTRODUCTION

  1. These Terms and Conditions of Service (hereafter “Terms”) govern and apply to your access and use of SEO Domains EOOD’s website SEO.Domains located at https://SEO.domains (hereafter referred to as “SEO.Domains”) and all products and services offered therein as well as to all data and content that you receive from SEO.Domains (collectively referred to as “Service”).
  2. You agree that you have read and understood these Terms and the relevant policies and conditions herein, and agree to be legally bound by them. If you do not agree to the Terms, you may not use the Service.
  3. If you are using the Service on behalf of a legal entity such as a company or organization, you should have the proper authority to agree to the Terms on behalf of the legal entity that you represent. In that case, ‘you’ and ‘your’ refer to that entity.

II. THE SERVICE

  1. Under the Terms, you are granted a limited, revocable, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the Service under the condition that you do not sell, grant, sub-license or otherwise transfer any right in the Service to third parties, nor attempt to do so. SEO.Domains retains all rights not expressly granted by these Terms.
  2. To access and use the Service you must be an identifiable individual over the age of 16 and have the legal capacity to enter into binding agreements.
  3. The SEO.Domains website is not an ecommerce store, as there are no financial transactions taking place. The SEO.Domains website is a domain listing platform and a contact point for SEO Domains EOOD’s clients and only operates as such.
  4. For ease of use, SEO.Domains’ website allows you to create a registration account (optional). You are required to provide SEO.Domains with registration data that is true, accurate, up-to-date, and complete and that you maintain it as such. For privacy concerns, please regard the SEO.Domains Privacy Policy.
  5. Registrants must be made by a natural person. Opening accounts by any automated means will render them invalid. You must not register duplicate accounts as this will get you suspended from using the Service and also get your accounts terminated.
  6. SEO.Domains reserves the right to suspend or terminate your account and not provide you again with the Service in the future if it determines that any of the registration data is untrue, inaccurate, outdated, or incomplete.
  7. When you open your account, you choose your user name and password (hereafter ”Account Data”) which may or may be required to be changed at a later stage subject to system and technical restrictions. The confidentiality of your Account Data as well as all activity under your account is your responsibility. In case of a breach of security, fraudulent or unauthorized use, or any other suspicious activity of your Account Data, you must notify SEO.Domains immediately. SEO.Domains is not liable for any misuse, losses, or damages incurred from your failure to maintain the confidentiality of your Account Data and account.
  8. SEO.Domains accounts may be accessed and used only by the registered user. You may not share, sell or transfer your Account Data to another. Failure to comply will result in immediate suspension or termination of the account and/or future use of the Service or any part thereof.
  9. Domain orders created by users of the SEO.Domains website do not represent domain purchases. Domain orders only function as inquiries regarding the price and availability of a domain (or domains) managed by SEO Domains EOOD.
  10. In order for a domain order to be finalized, the SEO.Domains website user must receive an email from the SEO.Domains staff confirming the current price and availability of the domain (or domains). Once an email correspondence has been established, the SEO.Domains website user must complete the payment via a payment channel agreed upon on behalf of both SEO Domains EOOD. and the user, who created the domain order.
  11. Prices displayed on the SEO.Domains website are subject to change at any point of the domain order process. The price of a domain displayed on the SEO.Domains website may not be the final price of said domain.
  12. Promo codes must be entered into the Promo Code field on the cart and applied for the discount to be deducted from the order. Unless stated promo code discounts cannot be combined with existing discounts.
  13. A domain order created by a user of the SEO.Domains website does not equal a domain booking (domain reservation) for Non-Premium users. Only orders created by Premium users will result in the domain or domains remaining hidden from the SEO.Domains website and not being visible for other users for a certain period of time. This period of time depends on the group the Premium user belongs to.
  14. SEO Domains EOOD is not responsible if a domain order isn’t finalized, as domain sales are subject to a number of factors that go beyond the scope of SEO Domains EOOD’s capacities.
  15. SEO Domains EOOD applies the necessary measure to provide valid and up-to-date data. However, SEO Domains EOOD is not responsible if data displayed on the SEO.Domains website is invalid, including Domain Authority, Referring Domains, Ahrefs Domain Rating, Trust Flow, Citation Flow, Monthly Unique Visits, Google Index, domain descriptions, and domain topic categories.
  16. SEO Domains EOOD is not responsible for any activities taking place on websites, hosted on the domain after an SEO.Domains client takes control of the domain, regarding configuration, content, trademark abuse, and other liabilities. This applies even if the domain name is registered under our name, because the company and the names of its employees may be used like a Whois privacy service by SEO Domains EOOD customers.
  17. In the case of legal arguments, including but not limited to the examples described in II.16, regarding domains that a user of the SEO.Domains website has taken control over, any available personal information belonging to the user in question will be delivered to the corresponding legal authorities.
  18. Unless otherwise stated, all new products or added features to the current Service will be subject to these Terms.
  19. SEO.domains reserves the right to change the requirements for opening a registration account at any time and for any reason.
  20. SEO.domains only offers refunds for domains with an established Pure Spam penalty, within 1 month of any purchases placed by marketplace users on the SEO.Domains website and SEO Domains EOOD customers on sales contact points and email. SEO.domains reserves the right to refuse refunds in all other circumstances.
  21. Domain transfer codes issued by SEO.domains can only be used 3 months after the date of a domain purchase. If a transfer code has not been used for over 3 months, the user loses the right to use the transfer code. SEO.Domains reserves the right to refuse a refund and refuse issuing a new transfer code in the aforementioned scenario.
  22. TECHNICAL ERROR REFUNDS
    In the unlikely event that a technical error on our part prevents a successful purchase, within 1 month of any purchases placed by marketplace users on the SEO.Domains website and SEO Domains EOOD customers on sales contact points and email, we’ll offer you the following options:

    • Full Refund: We will issue a full refund of the associated fees to your original payment method.
    • Balance Credit: You can choose to have the refund amount applied as a credit to your SEO.Domains account, which you can use towards future purchases.

    This applies to situations where our system encounters an error during the purchase process that prevents us to complete the order, despite a successful payment.

  23. SEO.Domains reserves the right to take ownership of a domain purchased from SEO.Domains, if the domain registrant has not been changed since the purchase and the domain has not been renewed on the expiration date.
  24. SEO.Domains users are solely liable for any complaints issued against a domain purchased from SEO.Domains and its content and usage, even in the case when domain ownership hasn’t been changed.

III. MODIFICATION AND TERMINATION OF THE SERVICE

  1. SEO.domains reserves the right to modify the Service or any of its products and features including prices, suspend it or terminate it temporarily or permanently without any liability and at its own discretion. The Service may also become temporarily unavailable due to maintenance or upgrades.
  2. Your account and/or use of the Service may be terminated if: you fail to comply with any provision of the Terms or act in a way that shows you don’t intend to; SEO.domains is required to do so by applicable law; SEO.domains decides to no longer offer the Service for any reason and at its own discretion in which case it is not liable to you for the termination of your account and/or for the termination of your use of the Service.
  3. SEO.domains reserves the right to suspend or terminate your account and use of the Service immediately and without notice in the case of violating these Terms; failure to respond within 14 days to an inquiry about your registration information; for any other reason without cause or liability.
  4. You may terminate your account or stop using the Service at any time and without notice.

IV. SPECIFIC TERMS AND CONDITIONS

If any feature or section of the Service is governed by specific terms and conditions, these specific terms and conditions shall prevail in relation to the use of that feature or section of the Service.

V. RESTRICTIONS ON THE USE OF THE SERVICE

  1. You are allowed to use the Service only under the terms and conditions stipulated under these Terms.
  2. You will not use the Service for illegal purposes but will comply with all applicable national and international laws.
  3. You may not use the Service in any way that can damage, overburden, disable or in any other way disrupt the Service or interfere with any other party’s use of it.
  4. You will not use any automated device, program, or algorithm such as robots, page-scraping, etc. to access or monitor the Service or any part of it or to reproduce any of the structure or appearance of the Service or to obtain any data not deliberately made available through the Service.
  5. You may not resell or rent the Service, any part of it, or your access to and use of it. You may not attempt to discover any source code, service architecture, software, or data relevant to the provision of the Service via reverse engineering or any other means.
  6. You may not attempt to gain unauthorized access to any accounts, computer systems, or networks connected to the provision of the Service through hacking, data mining, or any other means. Use of the Service in an attempt to create, support or improve a product or service that is competitive to the Service is not allowed.

VI. INTELLECTUAL PROPERTY

SEO.domains retains all rights in: the Service, in its whole and in part, including all its data, information, products, technology, and APIs developed and provided by SEO.domains on this website; all customizations, modifications, and translations of the Service; the processes, software and authored works developed in relation to the Service.

VII. PRIVACY PROTECTION

SEO.domains cares about its users’ privacy and complies with the applicable data protection legislation. Unless required to provide the Service to you or to comply with a legal obligation, SEO.domains will not disclose your personal information to any third party without your prior consent. For more information on the SEO.domains’ use and collection of personal data, please refer to our Privacy Policy located at https://SEO.domains/privacy-policy

VIII. DISCLAIMER

  1. YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICE, INCLUDING THE WEBSITES AND ALL INFORMATION THEREIN, ARE PROVIDED ‘AS AVAILABLE’ AND ‘AS IS’. SEO.domains HEREBY EXPRESSLY DISCLAIMS TO THE EXTENT PERMITTED BY LAW ANY REPRESENTATION OR WARRANTIES IN ANY KIND, EXPRESS OR IMPLIED, INCLUDING THAT THE WEBSITES, THE INFORMATION, AND THE SERVICE: WILL MEET YOUR REQUIREMENTS OR BE COMPLETE, ARE FIT FOR ANY PARTICULAR PURPOSE, ARE ACCURATE AND ERROR-FREE; WILL BE AVAILABLE AT ANY PARTICULAR TIME AND PLACE UNINTERRUPTED, SECURE AND WITHOUT THE RISK OF ATTACKS; ANY ERRORS OR DEFECTS WILL BE CORRECTED; ARE FREE OF VIRUSES, WORMS, AND OTHER HARMFUL MALWARE, OR PROTECTED FROM HACKING OR OTHER SECURITY BREACHES AND THEREFORE DISCLAIMS ANY LIABILITY.
  3. Please note that the domain database the Service uses is a snapshot updated by SEO.domains at its own discretion and may not represent real-time results valid at the time of your request. Therefore, SEO.domains disclaims any liability on direct, indirect, or incidental damages caused by your actions or decisions based on Service results. See also II The Service, 15.
  4. SEO.domains shall have no liability for interruptions or omissions in Internet, network, or hosting services.

IX. LIMITATIONS OF LIABILITY AND INDEMNIFICATION

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEO.domains, ITS EMPLOYEES, MANAGERS, AND PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, DATA OR OTHER LOSSES ARISING FROM OR IN CONNECTION TO: THE ACCESS, USE OR INABILITY TO ACCESS OR USE THE WEBSITES AND/OR THE SERVICE, COSTS FOR PROCURING SUBSTITUTE SERVICES OR UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR DATA THROUGH THE SERVICE, EVEN IF SEO.domains HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. SEO.domains’ liability regarding the Service provided under these Terms is solely limited to the amount you paid SEO.domains for the use of the Service.
  3. You agree to indemnify and hold harmless SEO.domains, its affiliates, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs, and expenses (including reasonable attorneys’ and professionals’ fees and litigation costs) that arise out of these Terms or your violation of the Terms; your use of the Service; your use of any data or information provided by SEO.domains via the websites or the Service; any use of your account or Account Data, whether by you or a third party; any intellectual property or other proprietary rights of third parties; any action taken by SEO.domains as part of its investigation of a suspected violation of this Terms or as a result; any information or data you supplied to SEO.domains, including but not limited to any incorrect registration data; or your violation of any third parties rights.

X. CHANGES TO THE TERMS AND CONDITIONS OF SERVICE

  1. SEO.domains reserves the right to amend, add or remove sections of the Terms at any time at its own discretion. It is your responsibility to regularly check if the Terms have been updated. The currently posted Terms apply.
  2. If any amendments are unacceptable to you, you may terminate your compliance with the Terms and not use the Service anymore. Your continued use will constitute a binding agreement with the amended Terms.

XI. GOVERNING LAW

All disputes arising from the current Terms or related to them, which cannot be settled amicably and through negotiations between you and SEO.domains, shall be referred to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry, pursuant to its Rules for cases based on arbitration agreements, whereas Bulgarian law shall be applicable. In case you are a consumer within the meaning of the Consumer Protection Act, you shall be entitled to refer the dispute to the competent Bulgarian courts.

XII SEVERABILITY

If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

XIII HEADINGS

The headings of the sections of the Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.

If you have any questions or comments regarding the Terms, please let us know through the Contacts page.

Affiliate Program Agreement

Our affiliates are very important to us. We at SEO Domains EOOD are doing our best to maintain a reliable affiliate system that works for both sides. Some functionalities are still in development and with that in mind, we kindly ask our affiliates for assistance.

Please don’t hesitate to share your questions and opinions. We are strong believers in straight-forward and honest communication. For quickest results please email us at affiliates@seo.domains.

 

AFFILIATE AGREEMENT

PLEASE READ THE ENTIRE AGREEMENT.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SEO Domains EOOD. (DBA SEO.DOMAINS)

BY SUBMITTING THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

  1. Overview

This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in the Seo.Domains Affiliate Program or a Reseller in the Seo.Domains Reseller program. The purpose of this Agreement is to allow HTML linking between your web site and the Seo.Domains web site. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Seo.Domains, and “you,” “your,” and “yours” refer to the affiliate and/or reseller.

1.1. These Terms and Conditions of Service (hereafter “Terms”) govern and apply to your access and use of SEO Domains EOOD.’s website Seo.Domains located at https://seo.domains (hereafter referred to as “Seo.Domains”) and all products and services offered therein as well as to all data and content that you receive from Seo.Domains (collectively referred to as “Service”).

1.2. You agree that you have read and understood these Terms and the relevant policies and conditions herein, and agree to be legally bound by them.If you do not agree to the Terms, you may not use the Service.

1.3. If you are using the Service on behalf of a legal entity such as a company or organization, you should have the proper authority to agree to the Terms on behalf of the legal entity that you represent. In that case, ‘you’ and ‘your’ refer to that entity.

  1. Affiliate and Reseller Obligations

2.1. You agree that your application may be re-evaluated and/or cancelled at any point in time if your website:

2.1.1. Promotes sexually explicit, violent, discriminative, illegal materials or incorporates any materials infringing on copyright.
2.1.2. Enables diversions of commission from other affiliates in our program.
2.1.3. Publishes the Seo.Domains list of domains in any form, other than the affiliate link provided by us.

2.2. As a member of Seo.Domains’s Affiliate Program, you will receive an affiliate URL  from your Seo.Domains Affiliate Account Panel.

2.3. Seo.Domains reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.

2.4. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.

2.5. Seo.Domains authorized Resellers who choose to share the contents of the Seo.Domains marketplace on their website must do so following Seo.Domains Terms and Conditions. All pages involving Seo.Domanis products must not be included in Google search results, and must be accessible only via user login.

2.6. Resellers must allow us to formally review any web-based Reseller solution before publishing.

 

 

  1. Seo.Domains Rights and Obligations

3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Seo.Domains Affiliate Program.

3.2. Seo.Domains reserves the right to terminate this Agreement and your participation in the Seo.Domains Affiliate Program immediately and without notice to you should you commit fraud in your use of the Seo.Domains Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Seo.Domains shall not be liable to you for any commissions for such fraudulent sales.

3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.

3.4. Seo.Domains reserves the right to recalculate Affiliate commission based on whether or not a discount has been applied to a domain order. Affiliate commission on discounted orders will vary between 5% and 10%. The discount and commission together can never exceed 20% of the total sum of the domain order.

3.5. Seo.Domains reserves the right to choose when Affiliate payouts are conducted and delay payouts if necessary, for the benefit of the company.

  1. Termination

4.1. Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of email to the address info@seo.domains. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

4.2. Publishing the Seo.Domains list of domains in any form can result in a permanent termination of a user’s Affiliate and/or Reseller account, as well as the cancellation of all commission that’s been acquired up to that point.

 

  1. Modification

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Seo.Domains’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Seo.Domains’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

  1. Payment

6.1. Seo.Domains does not use a third party to handle tracking or payment. We use an internal system to track referrals and conversions. Our team personally handles payment transactions to Affiliates, via a previously agreed upon payment channel.

6.2. Seo.Domains uses an internal system to track referrals and conversions. Due to the complexity of domain transfers and purchases, we can only guarantee a definite commission sum when the affiliate has processed the domain sale themselves (ie as a Reseller).

6.3. Seo.Domains differentiates between affiliate and reseller programs. A Reseller is an individual or company proactively selling a product or service owned or provided by Seo.Domains for a profit or commission. Seo.Domains Resellers sell to an end user as an authorized entity, in their own name, conducting most or all communication with the customer purchasing the domain. An Affiliate solely drives web traffic from one website to the Seo.domains website and is remunerated per sale. Seo.Domains reserves the right to set different rates for Affiliate and Reseller commissions.

6.4. Seo.Domains Resellers can purchase domains from our inventory at a 15% discount off listed prices and sell them to end users for a profit.

6.5. Affiliate commission varies between 5% and 15%, depending on the discount a referred user’s order receives (see also 3.4). For orders that have received no customer discount, the Affiliate commission amounts to 15% of the domain order total.

6.6. Affiliates earn commission only for first-year orders from referrals of new, unique customers. We calculate affiliate commission only after a Seo.Domains website user has been confirmed as an affiliate referral by the Seo.Domains tracking system and the domain sale process is complete.

6.7. Seo.Domains will conduct Affililiate payouts via a payment channel previously agreed upon by both parties. Payouts need to be formally requested via email to affiliates@seo.domains or info@seo.domains. For more information on payouts see also 3.5.

6.8 Seo.Domains Affiliate payouts are available monthly, between the 23rd and 27th of each month, and only after the acquired Affiliate commission surpasses a threshold of 150 USD.

6.9. Affiliate commission may be used as an account balance to shop within the SEO.Domains Marketplace. If Affiliates wish to do so, they need to make a  formal request via email to affiliates@seo.domains or info@seo.domains.

  1. Access to Affiliate Account Interface

You will create an account username and password so that you may enter our affiliate account interface. From there you will be able to receive your unique affiliate URL, after you’ve given agreement to our Affiliate Terms and Conditions.

 

  1. Promotion Restrictions

8.1. You are free to promote your own web sites, but naturally any promotion that mentions Seo.Domains could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Seo.Domains. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Seo.Domains so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Seo.Domains so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Seo.Domains. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Seo.Domains Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Seo.Domains, www.Seo.Domains, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Merchant’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.

8.3. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Merchant’s site (i.e., no page from our site or any Seo.Domains’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open Seo.Domains’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

  1. Grant of Licenses

9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML 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 (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Seo.Domains’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Seo.Domains and the good will associated therewith will inure to the sole benefit of Seo.Domains.

9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

  1. Disclaimer

SEO.DOMAINS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING SEO.DOMAINS SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF SEO.DOMAINS ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

  1. Representations and Warranties

You represent and warrant that:

11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;

11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;

11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

  1. Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL SEO.DOMAINS’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

  1. Indemnification

You hereby agree to indemnify and hold harmless Seo.Domains, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (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) 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, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

  1. Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

  1. Miscellaneous

15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Seo.Domains. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.

15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.