DomainShare Partner Agreement

Version 1.6

By accepting this agreement (further referred as "Agreement") during the signup process (by clicking on the "I ACCEPT" button as part of the DomainShare account registration process), (i) you have authorized Dot TK to open a DomainShare account and (ii) you are agreeing on the terms and conditions set forth in this Agreement.

Definitions

Dot TK (further referred as “Dot TK”) is the registry of the .TK domain extension, registered as BV Dot TK, Keizersgracht 213, 1016 DT Amsterdam, Netherlands and registered with the Dutch Chamber of Commerce under nr 34184945.

A DomainShare Account is a relationship between you and Dot TK, where you are allowed to register free domain names, as long as these registrations are registered in accordance with the terms and conditions set forth in this Agreement;

A DomainShare Partner is an individual or company who is registered with a DomainShare Account;

A DomainShare Advanced Partner is a DomainShare Partner which has over 500 domain names in its account portfolio;

The Registrant is the end-user who uses the domain name after it has been registered.

All the terms and conditions set forth in the “Terms and Conditions for registering a FREE Domain Name” (http://www.dot.tk/en/pageF00.html) apply to domain names created through DomainShare Partners.

Furthermore the following terms and conditions set forth in this Agreement apply to all DomainShare Partners.

  1. Number of accounts per partner

Dot TK allows a maximum of one (1) DomainShare Account per DomainShare Partner.

  1. DomainShare Partner and Registrant

A DomainShare Partner is (i) not allowed to be the Registrant of a domain name created through their own DomainShare Account and (ii) only Registrants are allowed to register and use domain names that are registered through a DomainShare Partner. A Registrant is allowed to register up to 20 domain names per day with one single DomainShare Partner.

  1. DomainShare Advanced Partners

When a DomainShare Partner reaches 500 active domain name registrations they must completely fill out their (company) profile in My DomainShare. This profile needs to be completed within 3 weeks after receiving the notification email. If the profile is not completed within 3 weeks the DomainShare account will be suspended. A DomainShare account with more than 1000 active domain name registrations but without a completed profile will be suspended automatically. All the domain names in a suspended DomainShare account will be cancelled and the access to My DomainShare will be denied. Unlawful, incomplete or incorrect profiles are considered to be non-completed.

  1. Risk management

The business and the business practices of the DomainShare Partner are verified against various risk management and anti-money-laundering verification systems and by the Dot TK risk assessment team. Dot TK decides, at its own discretion, if the business and the business practices of a DomainShare Partner are sufficient to limit risk exposure to Registrants and Dot TK’s marketing and sales channels.

  1. Abuse

When a DomainShare Account is abused, or Dot TK suspects abuse, the DomainShare Account will be suspended without further notice. Furthermore all the domain names in the DomainShare Account will be cancelled and the access to My DomainShare will be denied. Dot TK will immediately terminate future payments and has the right to recover any payments already made to the DomainShare Partner. DomainShare Partners involved in previous DomainShare accounts that were closed because of abuse or suspected abuse, cannot open a new DomainShare Account.

  1. Parking Pages

All expired and unused domain names registered under a DomainShare Account will show a Dot TK Parking Page. This Parking Page will contain advertisements that are relevant to the content that was shown on the domain names webpage before. Revenue of these advertisements is shared on a 50/50 basis with the DomainShare Partners. Dot TK supports all DomainShare Partners that actively cancel any unused domain names through My DomainShare. These cancellations will automatically increase the Revenue of the Dot TK parking pages and therefore increase the Revenue of the DomainShare Partner. DomainShare Partners are not allowed to run their own or other parking page programs with domain names registered through a DomainShare Account. All domain names that are showing webpages with only advertisements are considered to be abused domain names. A high number of abused domain names may result in termination of the DomainShare Account.

  1. Domain Transfers

The license rights of all domain names registered under a DomainShare Account are held by Dot TK.

Domain Transfers, with the purpose of using the domain name elsewhere, are allowed by all registrants of all DomainShare Partners. For this reason Registrants will directly receive, from Dot TK, an email that contains a Registration ID that belongs to their registered domain name. Such Registration ID can be used in the Dot TK website to transfer any domain name from any DomainShare Partner. If the Registrant decides to purchase the domain name from Dot TK, the DomainShare Partner will receive 50% of such Revenue.

  1. Invoices

Revenue derived from parking pages of expired/unused domains and revenue derived from sold domain names are reported daily to the DomainShare Partner through My DomainShare, with a delay of 3 working days. An invoice is an overview of such Revenue minus the share that is payable to Dot TK – this includes any refunds, chargebacks or any other corrections that Dot TK has received from its advertising partners. An invoice is a payable note by Dot TK – where actual payment of such invoice occurs during a Payment. Invoices are provided in US Dollar currency only. The actual parking page revenue statistics per domain name are provided by Dot TK’s advertising partners to Dot TK. Any further information about the advertising partners Dot TK is using – and any reporting thereof – is not disclosed to the DomainShare Partner. Invoices are generated and made available to DomainShare Partners within 30 days after each calendar month.

  1. Payments

Payments are made through bank wire or PayPal. Payments are only made when a minimum payout amount is reached and when all payment information is known to Dot TK. The minimum payout amount cannot be set lower than US$ 25.00. One payment may exist out of one or more invoices. Dot TK has the right, at its own discretion, to not pay any invoices that are related to DomainShare Partners who have been involved in registering abusive domain names and/or has or had terminated DomainShare accounts. Payments are made monthly on the 15th day of every month containing all unpaid invoices at that time.

  1. Termination of agreement

This Agreement shall terminate if one of the following events occurs: (i) voluntary termination by you for any or no reason, (ii) termination by Dot TK for any or no reason, or (iii) involuntary termination upon our determination that you have violated the terms of this Agreement. Dot TK reserves the unlimited right to amend this section as it, in its sole discretion, sees fit.

  1. Changes to this agreement

Dot TK reserves the right to change the terms and conditions of this Agreement at any time without prior notice. Such changes and their effective date will be posted on the Dot TK web site at www.dot.tk. You agree to review any changes to this Agreement and, if such changes are not acceptable to you, immediately terminate your use of DomainShare and terminate this agreement as provided herein. Your continued use of DomainShare after the effective date of such changes, will constitute your acceptance of the changes

  1. No warranties

ALL CONTENT, SERVICES AND PRODUCTS OF DOMAINSHARE AND EACH PORTION THEREOF IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO, ANY WARRANTY THAT DOMAINSHARE WILL MEET YOUR REQUIREMENTS, DOMAINSHARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT. YOUR USE OF DOMAINSHARE IS ENTIRELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, ASPECTS OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ANY WARRANTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  1. Disclaimers

DOMAINSHARE IS A SERVICE TO PARTNERS THROUGH WHICH THE CLIENTS OF THE PARNERS CAN CREATE FREE DOMAIN NAMES. DOT TK MAKES NO REPRESENTATION OR WARRANTY REGARDING SUCH DOMAIN NAMES / WEB SITES NOR WILL DOT TK BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY PRODUCTS, SERVICES OR OTHER MATERIAL THAT MAY BE SOLD, LICENSED, DISTRIBUTED OR PROMOTED ON SUCH DOMAIN NAMES / WEB SITES OR IN ANY MANNER FOR ANY CONTENT ON SUCH DOMAIN NAMES / WEB SITES. DOT TK SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS, INJURY, DAMAGE, OR OTHER CLAIMS ARISING OUT OF OR RELATED TO: (I) YOUR PURCHASE, LICENSE OR USE OF ANY PRODUCTS, SERVICES OR OTHER MATERIAL THAT MAY BE SOLD, LICENSED, DISTRIBUTED OR PROMOTED BY OR THROUGH ANY OF OUR PARTNERS OR OTHER COMPANIES; (II) THE BUSINESS AND/OR OTHER ACTIVITIES OF ANY OF OUR PARTNERS OR OTHER COMPANIES; (III) YOUR INABILITY, FOR WHATEVER REASON, TO TRANSACT BUSINESS WITH AND/OR ACCESS ANY OF OUR PARTNERS OR OTHER COMPANIES; AND (IV) THE NEGLIGENCE, MISREPRESENTATION AND/OR OTHER CONTRACT, STATUTORY, TORT AND/OR OTHER LIABILITY OF ANY KIND OF ANY OF OUR PARTNERS OR OTHER COMPANIES TO YOU OR ANY THIRD PARTY.

DOT TK WILL NOT BE HELD LIABLE UNDER ANY CIRCUMSTANCES OR IN ANY EVENT FOR ANY DIRECT, INDIRECT, ECONOMIC, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOST PROFITS ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF FREE DOMAIN NAMES OR YOUR INABILITY TO USE FREE DOMAIN NAMES, OR ARISING OUT OF THE PURCHASE, LICENSE OR USE OF ANY PRODUCTS OR SERVICES PROVIDED BY OR THROUGH ANY OF OUR PARTNERS OR OTHER COMPANIES, INCLUDING WITHOUT LIMITATION ANY AND ALL LIABILITY ARISING FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, AND ANY OTHER STATUTORY, CONTRACT, TORT AND/OR OTHER LIABILITY, EVEN IF DOT TK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DOT TK BE HELD LIABLE OR OBLIGATED IN ANY MANNER TO YOU OR ANY THIRD PARTY FOR ANY AMOUNT IN EXCESS OF THE SUM OF ONE EURO (€ 1.00).

DOT TK DOES NOT REPRESENT OR WARRANT THAT DOMAINSHARE WILL OPERATE WITHOUT DEFECTS, INTERUPTION, OR ERROR-FREE, AND THAT DOMAINSHARE AND THE SERVERS THAT IT USES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DOT TK MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY COMPUTER HARDWARE, SERVERS, SOFTWARE, TRANSMISSION SERVICES AND/OR OTHER THIRD PARTY PRODUCTS OR SERVICES OF ANY KIND AND THAT YOU ASSUME ALL RISKS IN CONNECTION THEREWITH. THIS SECTION ALLOCATES THE RISKS BETWEEN THE PARTIES INVOLVED AND IS REFLECTED IN THE ECONOMIC TERMS OF THIS AGREEMENT, WHICH IS AN ESSENTIAL ELEMENT OF THE BARGAINING BETWEEN THE PARTIES AND WILL BE EFFECTIVE NOTWITHSTANDING THE FAILURE OF PURPOSE OF ANY ESSENTIAL AND/OR OTHER REMEDY HEREIN. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW

  1. Applicable Law

This Agreement shall be construed and interpreted in accordance with the laws of the Netherlands applicable therein without reference to conflicts of law principles. The exclusive jurisdiction and venue of any legal action brought with respect to this Agreement and the interpretation or making of it, shall be the courts of the Netherlands and you and Dot TK submit to the exclusive jurisdiction and venue of such courts for such purposes.