This agreement (“Agreement”) sets forth the complete terms and conditions governing your participation (“You”, “Your” or “Ambassador”) in the Porkbun Ambassador Program (“Program”).
“Porkbun” refers to Porkbun LLC, an ICANN-accredited registrar and a wholly owned subsidiary of Top Level Design LLC with its principal place of business at 707 SW Washington St., Suite 1100, Portland OR. 97205.
“Program” means the marketing effort managed by Porkbun in which You and other Ambassadors agree to promote the designated new “Top-Level Domain” via any number of methods including personal tutorials, emails, website, trade conferences, and public relations as specified and approved by Porkbun. The intent of this Program is to allow You to earn a Commission on all Eligible Registrations at Porkbun and its related sites.
“Top-Level Domain” (“TLD”) means the designated domain name suffix, string or extension, which may be subject to Commission.
“Additional Services” refers to add-on products such as web-hosting, email hosting, etc.
“Eligible Registrations” (also “Registrations”) means any domain name registered in the designated Top-Level Domain as a direct, verifiable result of Your participation in the Program. Eligible Registrations will come through Your Ambassador URL. Eligible registrations are first year only and do not refer to annual renewals of the Registration. Eligible Registrations are recognized only while this Agreement remains in effect. Whether or not a domain name qualifies as an Eligible Registration will be determined by Porkbun in its sole, reasonable discretion. Examples of domain name registrations that would not qualify as Eligible Registrations include, but are not limited to: those made out of coercion, many registrations originating from the same person or group, and domains registered with the primary intention of claiming Commission payments without a bona fide intent to use the Top-Level Domain, and suspicious domains of any type. Suspicious domains may be flagged and denied as Eligible Registrations for any number of reasons, and the suspicious activity may come from You or your referee. Porkbun has no responsibility to define our fraud and abuse detection methods to you and what is and isn’t more specifically an Eligible Registration. In other words, only legitimate, third party registrations of domain names may qualify as Eligible Registrations. We’ve been around the block, so please don’t try to game the Program, or Porkbun will terminate the Agreement.
“Commission” means moneys duly earned by, payable to, or previously paid to You for Eligible Registrations under the terms of this Agreement, as determined by Porkbun in its sole discretion.
“$” means US Dollars.
This Agreement replaces and supersedes any prior affiliate agreement or comarketing arrangement or understanding that may have existed between You and Porkbun, or any of its principals, employees, representatives and related entities. This Agreement does not replace any relevant domain registration agreements or the Terms of Service of the Porkbun.com site and should be read in conjunction with those documents.
A unique Ambassador URL (”URL” or “PURL” for Personalized URL) to Porkbun will be created by Porkbun upon execution of Agreement. Only registrations made directly through this URL may be considered Eligible Registrations. The Ambassador URL may be set to allow certain TLD registrations and/or Additional Services at a free or discounted cost; renewals will cost the current retail cost listed at the time of purchasing renewal.
Ambassador will receive Commissions as defined in the dynamic table found at porkbun.com/affiliate through the Term of this Agreement, and/or the duration of this Program, whichever is shorter. Any changes in the commission amount or availability of commission are effective immediately. Porkbun is not required to notify You of any changes made. You are responsible for periodically checking the pricing table.
There is a forced payout on or before 15th of every month for all Commissions from the preceding month. Porkbun is not responsible for any delays whether its own or related to merchants involved in delivering payment.
Partner Payout is only possible via Paypal. Your use of Paypal and good-standing there is not covered in this Agreement and your inability to use Paypal for any reason is not our responsibility. Porkbun is not responsible for paying you by any other means for any reason.
Porkbun will only track activity stemming from your Affiliate URL. Not all Registrations are Eligible Registrations and any pending payout is not deemed final until vetted and paid by Porkbun. Porkbun will provide functionality for You to view relevant activity and pending payouts. It is a rigorous and reliable system but cannot be guaranteed to be error free. It is recommended you check your account at Porkbun regularly and contact Porkbun Support with any questions.
Porkbun may modify this Agreement at any time and at its sole discretion without any notice to you. These modifications may include, but are not limited to changes in the Commission, payment procedures and Program terms and conditions. If any such modifications are unacceptable to You, Your sole remedy is to terminate this Agreement. Continued participation in the Program will be considered acceptance of the change(s).
The Ambassador Program may be terminated by either party for any reason, including immediately by Porkbun upon any material breach by Ambassador. Material breaches by Ambassador include, but are not limited to: sending inaccurate, unlawful or unapproved communications to third parties regarding the Top-Level Domain and/or Additional Services, misrepresenting your relationship with Porkbun, and intentionally attempting to claim Commission for ineligible registrations. Porkbun is not responsible for payment of any Commission resulting from registrations after termination of this Agreement or termination of this Program.
Any personal information such as name, email address and phone number sent by Ambassador to Porkbun in conjunction with performance of this Agreement shall be considered confidential information of Ambassador. Porkbun shall treat such confidential information with the same level of care it would use for its own confidential information and shall not share, distribute or sell such information to any 3rd party. Porkbun may share such information with its employees as required to perform their obligations under the Agreement or as compelled by law.
Porkbun will not be liable to Ambassador or any associated persons or entities for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program. Further, the aggregate liability of Porkbun arising with respect to this Agreement and the Program, or associated with any act or omission of Ambassador, will not exceed the total Commissions paid to Ambassador under this Agreement for the 12 months immediately preceding any claim of breach, damage or indemnity by Ambassador.
Ambassador agrees to indemnify Porkbun against all damages or claims of damage arising out of, or relating to the acts or omissions of Ambassador, and/or Ambassador’s participation in the Program including attorney’s fees and costs.
There are no express or implied warranties or representations with respect to the Program or an Ambassador’s potential to earn income from the Program. In addition, there is no representation that the operation of the Ambassador URL’s or related technology will be uninterrupted or error-free, and Porkbun will not be liable for the consequences of any interruptions or errors.
Neither party may assign its rights or obligations under this Agreement to another party, except pursuant to a legitimate change of corporate control.
Nothing contained in this Agreement shall be construed so as to create a partnership or joint venture of any kind as between Porkbun and Ambassador. This is strictly a marketing program in which Ambassador has elected to participate.
As a U.S. company, Porkbun will be complying with all local and federal tax requirements. This may entail issuing You a 1099 for taxable income earned via the Ambassador Program. You are solely responsible for any tax burdens or compliance in your relevant jurisdiction(s).
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon without regard to the conflicts of laws and principles thereof. The parties agree that venue for all disputes is proper in Portland, Oregon.
Any dispute arising out of or relating to this Agreement shall be resolved exclusively by binding arbitration under the auspices of the American Arbitration Association in Portland, Oregon. The decision of the arbitral panel shall be final, binding and non-appealable. The arbitral decision may be converted to a judgment and enforced in any court of competent jurisdiction.
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.