for previous Services Agreements click here
These Guaranteed Clicks Terms of Service Addendum are part of the agreement ("Addendum") between Register.com your business or company ("You" or "Advertiser") for the purchase and provision of the listing, search or advertising services (the "Service"). You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Addendum, as well as any additional rules or policies that are or may be published by Register.com from time to time, including Register.com's Services Agreement (the "Services Agreement"). This Addendum, as well as any additional rules and policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and Register.com concerning your use of the Service, and supersede and govern all prior proposals, agreements, or other communications. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THIS ADDENDUM AND THE TERMS OF THE SERVICES AGREEMENT, THIS ADDENDUM SHALL GOVERN. Unless explicitly stated otherwise, any new features, updates, upgrades or versions that augment or enhance the current Services will be subject to this Addendum. Register.com reserves the right to amend its Services offerings and to add, delete, suspend or modify the terms and conditions of such Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers. Register.com may make such changes without notice to You. Your continued use of the Services following Register.com's posting of any changes will constitute your acceptance of such changes. Please note that other Register.com software and/or services, outside of the Services, are governed by the Services Agreement and may be governed by other terms and conditions.
- Advertiser Information, Materials and Products
Advertiser shall provide Register.com with true, accurate and current information for placements, listings or advertising made in online Yellow Pages, search services, directories or other Internet services hereunder (the "Listings"). Advertiser certifies that it has the legal right to use all information, names, trademarks and search terms (collectively, "Advertiser Content") it provides or includes in its Listings. Advertiser understands and agrees that the Advertiser Content may be accessed and displayed on various Internet sites and services, and Advertiser hereby grants Register.com and the operators of such sites or services (the "Listing Services"), including those set forth in this Addendum, the right to market, display, reproduce (including compression and temporary storage), distribute, perform, transmit and promote the Advertiser Content together with any content or materials on any interactive site linked to the Advertiser Content or the Listings through the Listing Services.
Advertiser represents and warrants that: it has all necessary rights and permissions to offer, sell and/or license the products and services it promotes through the Listings and the Advertiser's website; and the Listings, Advertiser Content, Advertiser's website and Advertiser's products and services (i) do not and will not violate any laws or regulations, (ii) do not and will not violate or infringe any third party's trademark, copyright, patent, privacy, publicity or other rights, (iii) are not false, misleading, defamatory or threatening and are not likely to result in fraud, damage, injury or harm to any person, and (iv) are free of viruses, worms, trojan horses or other codes or programming that will delay, disrupt, interfere with, or damage websites, software, computers or networks or expropriate any data or information.
Advertiser acknowledges that the various Listing Services on which Listings appear may require compliance with certain policies and guidelines, and Advertiser shall access or obtain copies of the then-current versions of such policies and guidelines. Advertiser shall be responsible for ensuring that the Advertiser Content, Listings and the Advertiser's website will at all times comply with all applicable policies and guidelines, including the privacy policies, terms of service, and advertising guidelines of the Listing Services on which Listings appear. Advertiser acknowledges and agrees that the Listing Services on which its Listings appear may refuse, remove or modify the Listings pursuant to such guidelines or policies.
Without limiting the foregoing, Advertiser will comply with all policies, requirements and guidelines of Listing Services that offer search features and listings and will not engage in any conduct or utilize any tactics prohibited by such Listing Services, including, without limitation, embedding clear images, listing irrelevant keywords to gain more traffic, adding adult content to its site, or tampering with meta tags. If, at any time, Advertiser violates the policies, requirements or guidelines of a Listing Service, then Register.com may, at its option, terminate this Addendum without refund or any other obligation to Advertiser.
- Register.com Services
Register.com's obligations hereunder are limited to transmitting the Advertiser Content provided by Advertiser to the Listing Services as set forth in the contract in the form and manner specified by such entities. Advertiser acknowledges that Register.com does not produce, operate or transmit the Listing Services on which Listings may appear and that Register.com acts only as a sales representative or reseller of advertising inventory, search or listing services for the Listing Services. Advertiser agrees that Register.com shall not be responsible for the appearance, position, display, removal, refusal or modification of the Listings by any Listing Service. Other than as expressly set forth herein, Register.com makes no representations or guarantees of any kind regarding the position, effectiveness, level of impressions, click-throughs, customer response or other performance of any Listings.
Register.com may terminate the Addendum or suspend performance of its services in the event of (i) any termination or substantial modification of applicable products, services or features by the Listing Service, (ii) any failure to pay by Advertiser or (iii) any breach of this Addendum by Advertiser.
- Listing Services Restrictions
Listing Service Restrictions: Advertiser will comply with all policies, requirements and guidelines of the Listing Services (Google, Yahoo! Search and others) and will not engage in any conduct or utilize any tactics prohibited by such Services, including, without limitation, embedding clear images, listing irrelevant keywords to gain more traffic, adding adult content to its site, or tampering with meta tags. If, at any time, Advertiser violates the policies, requirements or guidelines of a Search Service, then Register.com may, at its option, terminate this Addendum without refund or any other obligation to Advertiser.
Click Definition: "Click" means an internet user clicking on a link to Advertiser's web site in the Search Service's results listing for Advertiser, as counted by Register.com.
Lead Definition: A "Lead" means an action in the form of a phone call, email, form submission or other action as counted by Register.com, in its sole and absolute discretion, in order for an internet user to engage the Advertiser about their products or services.
Advertiser shall pay Register.com the fees set forth for the program selected at the beginning of each month's billing cycle, through Advertiser's credit card or other mutually agreed payment mechanism, during the term of your Services. Unless another payment mechanism is mutually agreed upon by the parties, Advertiser hereby authorizes Register.com to charge the Advertiser credit card account provided in this Addendum for the monthly payment amount and other charges incurred by Advertiser. All amounts are payable in US Dollars, and Advertiser will be responsible for payment of any currency exchange or conversion fees assessed by a payment processor. Register.com reserves the right to charge interest on amounts remaining unpaid after the applicable due date at the rate of one and one half percent (1.5%) per month (or the highest rate permitted by law, if less).
- LIMITED GUARANTEE
Register.com guarantees you will be delivered the number of clicks set forth in your program. In the event that you do not receive all clicks set forth in your program for a given month, then such undelivered clicks will be rolled over into the following month and will be added to the number of clicks being delivered to you in such month.
- REJECTION, SUSPENSION AND/OR TERMINATION.
Register.com reserves the right to refuse Services to You for any reason at its sole discretion. If You breach any term of this Addendum including, but not limited to, the Services Agreement, Register.com may, in its sole and exclusive discretion, suspend or terminate Your Services immediately and without notice to You. In addition to Your obligation to pay any applicable fees for the Services, Service fees may continue to accrue on suspended accounts and You will continue to remain responsible for the payment of any Services fees that accrue during the period of suspension. UPON SUSPENSION OR TERMINATION, (i) YOU WILL LOSE ALL ACCESS TO YOUR LISTINGS AND PERFORMANCE SCORECARD, (ii) YOU WILL NOT BE PERMITTED TO TRANSFER THE YOUR LISTINGS TO ANOTHER SERVICE PROVIDER AND (iii) YOU WILL RETAIN NO INTELLECTUAL PROPERTY RIGHTS IN THE LISTINGS.