These terms and conditions apply if you participate in Sav, LLC’s (“Sav”) domain name reseller program. This Reseller Agreement ("Agreement") sets forth the terms and conditions for the use of this website (the “Site”) and of our reseller program (collectively, the “Services”). Contact Sav’s Customer Support to request a Reseller Account.
"You", "your", and “user” any individual or entity who accepts this Agreement, has access to your account or uses the Services. "We", "us" and "our" refer collectively to Sav.
By using the Site and participating in the Reseller Program, you agree to all terms and conditions of this Agreement, which incorporates by reference Sav’s Universal Terms of Service Agreement (“UTOS”) and Sav’s Domain Name Registration Agreement (“DNRA”).
- CHANGES TO THIS AGREEMENT
We reserve the right, upon notice to you, to modify any provisions of this Agreement at any time at our discretion and without liability to you. Modifications by us are effective thirty (30) days after notifying you via email to the address you have supplied us, or immediately via notice and acceptance through our Site. After such changes or modifications have been made, your continued use of the Site or Services constitutes your agreement to be bound by this Agreement as last revised. If you do not agree to the modifications or to any applicable policies or guidelines on the Services, you must stop using the Site or Services. If you have purchased Services from us, the terms and conditions of this Agreement shall continue in full force and effect, including any changes made to this Agreement, as long as you take advantage of and use the Services.
Under this Agreement:
- You shall pre-fund a Reseller Account with Sav. You will be charged our retail prices, to be paid from your Reseller Account. If sufficient, verified funds are not available in your Reseller Account, then transactions will be denied. This may result in non-renewal, suspension, transfer and/or deletion of domain names registered by you and/or your customers.
- You shall use the domain name lookup capability mandated by Sav in the API and/or Site for selling and provisioning domains and related services (including, e.g., registration of domain names, Premium Domain Names, Whois Privacy Services, Web Hosting, Email Forwarding, Email Marketing, etc.), to determine if a requested domain name is available for registration. Sav is not lending you access to its registrar connections or its registry access, nor will you be deemed to be a registrar in your own right. Furthermore, you agree you will not attempt to gain access to Sav's registrar connections or registry access.
- You shall require that each of your customers agree to be bound by Sav’s Domain Name Registration Agreement (“DNRA”) and UTOS for each domain name registered, as well as any other TOS for any other services used by your customers (Whois Privacy, Web Hosting, etc.). You may require your customers to agree to additional terms and conditions, provided such terms and conditions do not conflict in any manner with any agreement or policy of Sav, ICANN, a Registry operator, and/or any other governing body with appropriate authority over the supported domain names.
- You shall implement and use any consent protocols and procedures (i.e. any freely given, specific, informed, and unambiguous indication of a data subject’s wishes by which they, by a statement or by a clear affirmative action, signifies agreement to the processing of personally identifiable information (“PII”), as defined in Sav’s Privacy Policy) mandated by Sav in the API and/or Site for each supported domain.
- You shall provide a clear and conspicuous privacy notice to your customers that accurately describes how you collect, access and protect any PII in compliance with all applicable laws.
- You shall contractually require any third-party provider you use to support the Services under this Agreement to protect the privacy, confidentiality, and security of PII using at least the same level of protection and confidentiality that applies to you under this Agreement and your privacy policy.
- You shall not represent yourself as accredited by ICANN nor display any ICANN logo or insignia in connection with any of our Services.
- You shall identify Sav as the sponsoring registrar and/or Service provider, promptly upon inquiry from any third party.
- You understand that the registration and use of domain names is governed, in part, by policies and contracts issued by ICANN and applicable Registry Operators. You agree to abide by all applicable policies and contracts. You agree that a violation or refusal to comply with any such policy or contract is a violation of this Agreement and may result in immediate termination of this Agreement. Such policies require, among other things, that registrars maintain certain registration and transaction information during the lifecycle of a domain name and for a period of three years after a domain name has expired, and that such information be provided to ICANN upon request in conjunction with any ICANN-initiated audit. To fulfill these requirements, Customer agrees that it will maintain:
- in electronic, paper, or microfilm form, all written communications constituting registration applications, confirmations, modifications, or terminations and related correspondence with your customers, including registration contracts, registration IP addresses and registration timestamps; and,
- in electronic form, records of the accounts of all your customers, including dates and amounts of all payments and refunds in conjunction with domain name registrations.
Upon request by Sav, you will provide any information identified in this Section to Sav within two (2) business days and otherwise cooperate with Sav in any compliance, regulatory or legal issue arising from the use of our Services.
- You shall not register domain names using any proxy contact information or privacy services other than Sav’s Whois Privacy Service. You agree to indemnify, defend and hold harmless Sav and its employees, directors, officers, representatives, agents, affiliates and third party beneficiaries (including Sav’ suppliers), against any claim, suit, action, or other proceeding brought against Sav based on or arising from the your customer using any other proxy contact information or privacy service, at your own expense.
- You shall include in all registration agreements all provisions and notices contained in Sav’s DNRA.
- You shall assist in the facilitation of transfers of domain name registrations from another registrar to Sav and vice-versa, pursuant to Sav’s Domain Name Transfer Agreement, and also according to the policies of ICANN and/or any applicable Registry. You shall not interfere in any manner with any transfers.
- You acknowledge that in the event of a dispute concerning the time of entry of a domain name registration into a Registry’s database, the time shown in that Registry’s records shall prevail.
- In the event of a dispute involving a domain name registration, you shall provide all reasonable assistance to Sav, the Registry and/or any court and/or arbitrator considering the dispute. You shall forward copies of all communications concerning any disputed domain name to Sav at our request.
- You agree to provide your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process.
- Sav shall provide you with access to each of your customers’ User Accounts for the limited purpose of making changes to domain name information on behalf of your customers. You acknowledge and agree that you shall modify the information in your customer’s User Account in accordance with the instructions of the customer and the policies of Sav. In the event that a dispute arises between you and your customer as result of any modification to a the customer’s account, you shall fully defend and indemnify Sav from any and all liability arising out of the dispute. In the event you decline or are unable to meet your defense and indemnification obligations under this Section, Sav shall have the right, in its sole and absolute discretion, to resolve the dispute in the manner it deems most expeditious and/or reasonable. Sav reserves the right, in its sole and absolute discretion, to revoke your access to your customer’s User Accounts at any time.
- You shall publish your fees for domain renewals, including post-expiration renewal fees (if different) and also redemption/restore fees. At a minimum, these fees must be clearly displayed on your website and a link to these fees must be included in customer registration agreements. If you do not offer or provide registrar services through a website, then you must include the fees in your registration agreement.
- You must describe on your website the methods that Sav will use to deliver pre- and post- expiration domain name notifications, with your branding. At a minimum, you must state that the 30-day, 5-day, and 3-day notices are sent via email from Sav.com, and you must recommend your customers to “whitelist” sav.com email in order to receive such notices. Such provisions must be included in the customer’s registration agreement with you.
SAV WILL NOT BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE SERVICE, EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT; (B) INTERRUPTION OF BUSINESS; (C) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (D) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (E) EVENTS BEYOND OUR CONTROL; (F) THE PROCESSING OF YOUR APPLICATION FOR THE SERVICE; OR (G) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR USER ACCOUNT AS DEFINED IN THE UTOS. YOU FURTHER AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF US EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES FOR A ONE-MONTH PERIOD, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE LIABILITY OF US SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD US, SAV’S CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, FOR ANY CLAIMS RELATING TO YOUR USE OF THE SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. IF WE ARE AWARE OF A THIRD PARTY CLAIM WHICH IS RELATED TO THE SERVICE UNDER THIS AGREEMENT, WE MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD US HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU.
SAV DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
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, then 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.
