GoDaddy

专家计划协议

最后修订日期:2018 年 2 月 19 日

1.概述

This GoDaddy Pro Program Terms of Service Agreement (this “Agreement”) is entered into by and between GoDaddy.com, LLC, a Delaware limited liability company ("GoDaddy") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of GoDaddy Pro Services (“Pro Services”) and Pro Connect (“Pro Connect”), collectively referred to as the GoDaddy Pro Program (“Pro Program”). For the purposes of this Agreement, a freelancer or independent web professional that provides services to individuals in accordance with the Pro Program will be referred to as a “Pro Program Provider(s),” and individuals seeking to engage the services of Pro Program Providers will be referred to as a “Pro Program Customer(s).”

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with GoDaddy's Universal Terms of Service Agreement, which are incorporated herein by reference.

The terms “we”, “us” or “our” shall refer to GoDaddy. The terms “you” or “your” refers to any individual or entity that accepts this Agreement, whether that be as a Pro Program Provider or as a Pro Program Customer. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

GoDaddy, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the GoDaddy website (this “Site”). You acknowledge and agree that (i) GoDaddy may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, GoDaddy may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. GoDaddy assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

You agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the United States of America.

2.专业版服务说明

Pro Services offer a streamlined platform that allows Pro Program Providers to purchase, set up, and manage GoDaddy products for Pro Program Customers. Pro Services include: i) Shared Shopping, which allows you to send Pro Program Customers a shopping cart to buy GoDaddy products for their website, ii) Account Access, which allows you to view or administer a Pro Program Customer’s GoDaddy account iii) Site Monitoring, which allows you to monitor a Pro Program Customer’s website’s uptime and server response time, and iv) a direct access line to our GoDaddy Pro technical support representatives.

3.专家名录说明

Only Pro Program Providers that have achieved and been designated “Pro Plus” status by GoDaddy (“Pro Plus Providers”), are allowed to join the Pro Connect. Pro Connect offers a venue for the exchange of information between Pro Plus Provider and Pro Program Customers. More specifically:

For Pro Plus Providers:

  1. Create a publicly-viewable profile with professional details including name, location, biography, skills, customer reviews, background, availability, representative work, and contact details;
  2. Receive contact from Pro Program Customers who find the Pro Plus Provider’s profile via the Pro Connect directory; and
  3. Seek ratings and reviews from previous Pro Program Customers and provide responses to such reviews (but note that Pro Plus Provider cannot delete past reviews).
  4. Have their publicly-viewable profile accessible via the Pro Connect directory and search results

For Pro Program Customers:

  1. Submit a request to Pro Plus Provider for assistance in building a website or making changes to an existing website;
  2. Receive expressions of interest from Pro Plus Provider;
  3. Contact Pro Plus Provider to discuss the web development project and expression of interest;
  4. Leave reviews for Pro Plus Provider they have worked with.

Via Pro Connect, Pro Program Customers can easily search, contact, and establish a business relationship with Pro Plus Provider. GoDaddy does not intend to act as an agent for either party and/or facilitate payment processing between the parties.

4.账户访问权限

Use of the Pro Program includes functionality that allows the Pro Program Provider to request authorized access rights to accounts of Pro Program Customer(s), or to grant limited or full access of your GoDaddy account to a Pro Program Provider, with whom you have an established business relationship. Any such access or grant is subject to and governed strictly by the terms and conditions of the Account Access Terms of Service, which are incorporated herein by reference.

Account access may be granted on a limited basis, in which case the Pro Program Provider will be able to view the GoDaddy account of the Pro Program Customer, or on a full basis, in which case the Pro Program Provider will be able to purchase GoDaddy products on the Pro Program Customer’s behalf, via the payment method on file in the Pro Program Customer’s account.

Any violation of this Agreement or the Account Access Terms of Service, which will be determined in our sole and absolute discretion, may result in the immediate termination of your access to the Pro Program, criminal prosecution, and/or a civil lawsuit. If the Pro Program is cancelled for any reason, any content or data you have entered into the Pro Program will be lost and will not be recoverable.

5.Beta 版本服务条款

GoDaddy may elect to offer a pre-release “Beta” version of the Pro Program or a particular feature or features offered within the Pro Program (the “Beta Pro Program”). If the services or feature are offered as a Beta Pro Program, you will be notified that the feature is available in pre-release form only and offered a choice regarding your participation. Should you choose to participate in the Beta Pro Program, you will be able to make use of the pre-release version of the services or feature, and to test various scenarios and use cases within the services.

The services and any features offered in the Beta Pro Program are offered on an "as is" basis without warranty of any kind. By participating in the Beta Pro Program, you agree not to utilize the Beta Pro Program for production or mission critical applications.

Your election to participate in the Beta Pro Program indicates that you are willing to provide feedback to GoDaddy regarding the services and features, and that GoDaddy may contact you to solicit your feedback and opinions regarding the services and features.

GoDaddy may discontinue the Beta Pro Program, or your participation in the Beta Pro Program, at any time and for any reason.

6.MANAGEWP 服务

As a Pro Program Provider, you may have access to use ManageWP. ManageWP is a website management console which allows its users to administer any number of websites including, but not limited to, management, monitoring, backups, deployment, publishing, and security tools. You acknowledge and agree that your use of ManageWP is subject to the terms of service located here, which are hereby incorporated by reference.

7.奖励积分和专家计划提供商的专家名录资格

7(a) 奖励计划规则

作为专家计划提供商,您有机会通过使用专家计划赚取购买奖励积分(“积分”)。参与 GoDaddy 专家奖励计划(“奖励计划”)须遵守以下阐述的奖励计划规则:

专家奖励计划机制的修改、取消或限制可在事先通知或无事先通知的情况下由 GoDaddy 全权决定。积分兑换限制可能随时实施。

  1. 仅个人有资格参与奖励计划,且每人只能维护一个奖励计划帐户。公司、团体和/或相关实体不能参与奖励计划。
  2. 积分不构成客户的财产。积分没有现金价值。客户累积的积分仅供其本人使用,不得转让给任何人。
  3. 积分到期政策:客户必须在专家计划中维护一个有效帐户,才能保留其累积的积分。积分自累积之日起 2 年过期。

7(b) 赚取和使用积分

  1. 可通过专家计划完成或引荐订单,以及通过在专业人员帐户中完成订单赚取积分。您确认并同意,只有通过专业版专家计划或通过您自己的帐户完成的购买,才有资格获得积分。通过以下方式完成的购买没有获得积分的资格:1) 通过电话,2) 通过 GoDaddy 的特惠域名俱乐部,或 3) 通过 GoDaddy 附属单位。

  2. GoDaddy 应尽商业上合理的努力为您提供每日生成的积分的准确估算。您确认并同意,每日估算并不代表您的积分的精确测定,并在适用的收入生成期结束时确定您的积分的精确金额。此外,在计算您的积分时,金额可能包括货币单位的小数部分。我们应尽商业上合理的努力将这些金额取整为最接近的积分,以使您受益。但是,我们对计算积分的决定将产生最终约束效力。

  3. 退款或退回到初始付款方式的订单将会从您的积分余额中扣除订单产生的所有赚取的积分。符合条件的订单是净收益、信用、退款和调整,并定义为在 GoDaddy.com 或其附属网站上进行的购买,不包括销售税,
  4. 在服务的购买日期后的三十 (30) 天内不会获得积分。此后,可使用积分兑换专门用于 GoDaddy.com 的商店点数。此类积分将兑换等值美元。
  5. 兑换为 GoDaddy.com 商店点数的积分不符合兑现条件,并在其累积后两年取消。
  6. 如果有可疑的欺诈或滥用行为,GoDaddy 保留撤销积分的权利。
  7. 专家计划的收入结构(“收入结构”)应基于您或您的客户购物车中的任何适用的产品折扣或排除后的总结算金额(以美元为单位)。收入结构可能包括 (i) 每个产品或服务的百分比率,(ii) 每个产品或服务的固定数量,或 (iii) 两者的组合。目前的收入结构如下所示:
    标题 生效日期 百分比
    符合条件的产品 - 专家计划提供商 符合条件的产品 - 专家服务高级会员提供商 8/2/2016
    1/9/2016
    5%
    10%

7(c) 专家计划提供商的专家名录资格

要符合加入专家名录的资格,您必须是专家服务高级会员提供商。

7(d) 专家计划提供商的专家服务高级会员资格

所有专家计划提供商均有资格通过在一个日历年内赚取 2,500 个合格积分获得专家服务高级会员身份。赚取 2,500 个合格积分后,专家计划提供商将自动获得专家服务高级会员身份,并由 GoDaddy 指定为专家服务高级会员提供商。

专家服务高级会员提供商可获得高于普通专家计划提供商的权益:在专家名录中创建配置文件的能力(根据第 3 节),以及获得额外积分的能力(根据第 7(b)(vii) 节)。

除非您在下一个日历年内获得额外 2,500 个合格积分,否则专家服务高级会员身份将在会员晋升为专家服务高级会员后的 12 月 31 日自动终止。

为达到专家服务高级会员资格而获取的积分数不会因为将积分兑换为商店点数而受到影响。

8.救济和取消的权利

Without limiting any of our rights and remedies, if:

  1. You breach this Agreement or any document incorporated by reference;
  2. GoDaddy determines your actions may pose a risk to GoDaddy or its members;
  3. As a Pro Program Provider, you receive an average rating of below 4 stars (out of 5) across at least 10 reviews; or
  4. GoDaddy determines your use of the Pro Program infringes on the intellectual property or legal rights of others.

GoDaddy may immediately and indefinitely revoke your privileges, suspend or close your account(s) and refuse to offer the Pro Program to you, or take any other measures deemed to be appropriate (as determined by GoDaddy in its sole and absolute discretion) to enforce or terminate this Agreement.

9. 免责声明和豁免

Although GoDaddy takes certain steps to examine the credentials of a Pro Program Provider, as a Pro Program Customer, you understand that nothing about GoDaddy's Pro Program is intended to replace or override any licensing requirements for an independent web professional. GoDaddy makes no guarantees or representations regarding the skills of Pro Program Providers or the quality of the services that he or she may perform for you. If you elect to retain their services, GoDaddy does not endorse or recommend the services of any particular Pro Program Provider. Anyone using the Pro Program should rely on his or her own independent judgment or, as appropriate, seek the advice of a competent professional in determining the exercise of reasonable care in any given circumstances. It is entirely up to you to evaluate an individual’s qualifications, and to enter into a direct contract or otherwise reach agreement with a Pro Program Provider. Pro Program Providers are not contractors, employees or agents of GoDaddy.

GoDaddy is not involved in the actual contract between a Pro Program Customer and a Pro Program Provider or in the completion of any services. Should there be a dispute between the parties, you must address such dispute directly with the individual you are in contract with.

YOU hereby agree to release, INDEMNIFY, DEFEND AND HOLD HARMLESS GoDaddy AND ANY OF ITS AFFILIATES CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND ASSIGNS FROM AND AGAINST ALL LIABILITIES, CLAIMS, DAMAGES (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES), COST AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CONDUCT, ACT OR OMISSION OF ANOTHER PRO PROGRAM MEMBER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTES BETWEEN YOU AND YOUR DEALINGS WITH ANOTHER PRO PROGRAM MEMBER.

UNDER NO CIRCUMSTANCES WILL GoDaddy AND ANY OF ITS AFFILIATES, CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE BETA PRO PROGRAM OR THE PRO PROGRAM, INCLUDING BUT NOT LIMITED TO YOUR AUTHORIZD OR UNAUTHORIZED ACCESS OF ANY PRO PROGRAM CUSTOMER’S ACCOUNT, OR ANY LOSS OF DATA OR CONTENT YOU MIGHT EXPERIENCE AS A RESULT OF OUR DISCONTINUATION OF THE BETA PRO PROGRAM OR THE PRO PROGRAM FOR ANY REASON.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT GoDaddy OR ANY OF ITS AFFILIATES, CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND ASSIGNS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO THE PRO PROGRAM PROVIDER DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

10. 标题;独立契约;可分割性

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

11.定义;冲突

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.

12.联系我们

If you have any questions about the GoDaddy Pro Program or this Agreement, please contact us at the address below:

GoDaddy Legal Department
14455 North Hayden Rd.
Suite 219
Scottsdale, AZ 85260
legal@godaddy.com

Telephone: 400-842-8288 (中国)


Revised: 19/2/2018
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