Affiliate Program Terms

1 AGREEMENT AND SCOPE§

These Affiliate Program Terms (“Affiliate Terms”) govern participation in the reg.ly Affiliate Program (the “Program”) operated by Midmak United, LLC, a Delaware limited liability company, trading as reg.ly and REGLY (“Company”, “we”, “us”, “our”). They form a binding agreement between the Company and each person or entity accepted into the Program (“Affiliate”, “you”, “your”).

These Affiliate Terms supplement our Terms and Conditions (https://reg.ly/about/terms-of-use/) and Privacy Policy (https://reg.ly/about/privacy-policy/), both of which apply to you as an Account holder and are incorporated by reference. Where these Affiliate Terms conflict with the Terms and Conditions on a matter specific to the Program, these Affiliate Terms prevail. Section 31 of the Terms and Conditions is superseded by these Affiliate Terms for all Affiliates who have accepted them.

By applying to the Program, enabling affiliate features in your Account, generating a referral link, or accepting a commission, you agree to these Affiliate Terms. If you do not agree, do not participate.

2 DEFINITIONS§

“Affiliate Account” means the affiliate area within your my.reg.ly Account where referral links, statistics, pending and approved commissions, and payout settings are shown.

“Affiliate Materials” means banners, text links, logos, product descriptions, and other promotional content we make available to Affiliates through the Affiliate Account or otherwise in writing.

“Commission” means the amount credited to an Affiliate for a Qualifying Transaction under the Commission Schedule.

“Commission Schedule” means the commission rates, eligible products, Attribution Window, Validation Period, minimum payout threshold, and payout terms published at https://reg.ly/affiliates/ and in the Affiliate Account, as amended from time to time under Section 11. As at the Effective Date the Commission Schedule provides: a flat commission of eight US dollars (USD 8) per eligible .LY Domain Name registration or transfer-in; a ninety (90) day Attribution Window; a seven (7) day Validation Period; and a minimum payout threshold of fifty US dollars (USD 50).

“Marks” means the names reg.ly, REGLY, Midmak United, our logos, and any other trade names, trademarks, or service marks we use.

“New Customer” means a person or entity that, at the time of the Referred Visitor’s first click on your Referral Link, has never held an Account with us and has never purchased any service from us, under any name, email address, payment method, or entity.

“Qualifying Transaction” has the meaning given in Section 5.

“Referral Link” means the unique tracking link, referral code, or other attribution mechanism we assign to you through the Affiliate Account.

“Referred Visitor” means a person who reaches the Site by following your Referral Link.

“Services”, “Site”, “Account”, “Domain Name”, “Registry”, and “NIC.LY” have the meanings given in the Terms and Conditions.

3 ELIGIBILITY AND ENROLLMENT§

3.1 Who May Apply§

You may apply if you are at least eighteen (18) years of age, hold an Account in good standing, and have the legal capacity to enter this agreement. If you apply on behalf of a company or other entity, you represent that you have authority to bind it.

3.2 Approval§

Acceptance into the Program is at our sole discretion. We may decline, suspend, or terminate any application or Affiliate Account at any time, with or without stating a reason. Reasons may include, without limitation: a website or channel that is incomplete, inactive, or under construction; content that is unlawful, misleading, discriminatory, sexually explicit, or that promotes violence or illegal activity; content that infringes third-party rights; prior violation of these Affiliate Terms or our Terms and Conditions; or any risk to the integrity, security, or reputation of the Program or the Company.

3.3 One Affiliate Account§

Each person or entity may hold one Affiliate Account. Opening or controlling multiple Affiliate Accounts, directly or through others, is prohibited and may result in forfeiture of all Commissions across all such accounts.

3.4 Excluded Persons§

Our officers, employees, contractors, and their immediate family members may not participate. Persons located in, or ordinarily resident in, a country or territory subject to comprehensive United States sanctions, or who are listed on any United States sanctions list, may not participate.

3.5 Accurate Information§

You must keep your Affiliate Account information, including your legal name, country, tax status, and payout details, accurate and current. We may require identity verification before approving an application or releasing any payout. We are not responsible for payments misdirected because of inaccurate payout information you supplied.

4 INDEPENDENT RELATIONSHIP§

You and the Company are independent contractors. Nothing in these Affiliate Terms creates an employment, agency, partnership, joint venture, franchise, or fiduciary relationship. You have no authority to bind us, to make any representation, warranty, or promise on our behalf, or to accept payment, contract, or correspondence on our behalf. You may not describe yourself as an employee, agent, representative, partner, or reseller of reg.ly or Midmak United, LLC. You may describe yourself as a participant in the reg.ly Affiliate Program.

5 QUALIFYING TRANSACTIONS§

5.1 What Qualifies§

A Commission is payable only for a transaction that meets all of the following:

• it is placed by a New Customer during the Attribution Window following a click on your Referral Link;
• it is for a product or service listed as commissionable in the Commission Schedule in effect at the time of purchase;
• it is paid in full, completed, and activated;
• it is not reversed, refunded, charged back, cancelled, or found to be fraudulent during the Validation Period; and
• it is not excluded under Section 5.3 or Section 7.

5.2 Attribution Window§

Attribution is recorded when a Referred Visitor follows your Referral Link, and lasts for the number of days stated in the Commission Schedule (the “Attribution Window”). If the Commission Schedule does not state a period, the Attribution Window is ninety (90) days. If a visitor follows another Affiliate’s Referral Link, or arrives through another tracked channel, after yours and before purchasing, attribution passes to that later source. Attribution is lost if the visitor clears cookies, uses a different browser or device, or blocks tracking; we are not responsible for lost attribution.

5.3 Excluded Transactions§

Unless the Commission Schedule expressly says otherwise, no Commission is payable on:

• renewals, including auto-renewals, of any Domain Name or service, whenever first purchased;
• purchases by existing customers, by anyone who has previously held an Account, or by anyone whose relationship with us predates your referral;
• premium, reserved, or specially priced Domain Names, unless listed as commissionable;
• Account credit deposits, until and unless the credit is spent on a commissionable product, in which case the spend may qualify;
• any transaction placed by you, your employees, contractors, agents, affiliates, or immediate family, or from any account you own or control (“Self-Referral”);
• transactions placed using a Referral Link in an unauthorized coupon, cashback, loyalty, or incentive context (Section 7.3);
• transactions we reasonably believe to be fraudulent, abusive, duplicative, artificially generated, or not the result of a genuine, independent customer decision; and
• taxes, payment processing fees, currency conversion differences, and any other amount that is not the net price of the commissionable product.

5.4 Our Records Govern§

Our tracking system and billing records are the sole basis for determining whether a transaction qualifies, which Affiliate it is attributed to, and the Commission amount. We do not guarantee that tracking will operate without interruption or attribute every referral. Where attribution cannot be established from our records, no Commission is payable. You may raise a tracking query within thirty (30) days of the transaction date by contacting support@reg.ly; after that period the record is final.

6 COMMISSIONS AND PAYMENT§

6.1 Commission Schedule§

Commission rates may be a fixed amount, a percentage of net price, or any other basis set out in the Commission Schedule. Rates may differ by domain extension, product, registration term, campaign, or Affiliate tier. Where we have agreed an Affiliate-specific rate with you in writing, that rate applies until we modify or withdraw it under Section 11.

6.2 Pending, Approved, and Paid§

A Commission is recorded as pending when a Qualifying Transaction is detected. It remains pending for the Validation Period stated in the Commission Schedule or, if none is stated, for seven (7) days from the transaction date. During the Validation Period we review the transaction for refunds, chargebacks, cancellation, fraud, and compliance with these Affiliate Terms; every referral is reviewed before approval. Because the Validation Period is shorter than the periods in which a transaction may still be refunded, charged back, or found fraudulent, approval does not end our right to reverse a Commission under Section 6.4. A Commission that survives the Validation Period and our review is marked approved and becomes available for payout. A Commission is not earned, vested, or payable until it is approved. Pending amounts are estimates only.

6.3 Payout§

Once your approved balance reaches the minimum payout threshold stated in the Commission Schedule (or, if none is stated, fifty US dollars (USD 50)), you may request withdrawal from the Affiliate Account. Payment is made in US dollars by SWIFT international wire or ACH transfer to the bank account you register in the Affiliate Account, or by any other method we later make available there. We process withdrawal requests within a reasonable time; processing time is not guaranteed. Wire and bank fees are deducted from the amount paid, and you acknowledge that for small balances such fees may be a significant share of the payout. Payment processing fees, bank charges, and currency conversion costs are deducted from or borne by you. We may require completed tax documentation and identity verification before releasing any payout, and may withhold payout until it is received.

6.4 Reversals and Clawback§

If a transaction underlying any Commission is refunded in whole or in part, charged back, cancelled, reversed, or determined to be fraudulent or ineligible, we may cancel the pending Commission or, if already approved or paid, deduct the corresponding amount from your current and future Commissions. Where no sufficient balance exists, you agree to repay the amount within thirty (30) days of our request. This Section survives termination.

6.5 Dormancy and Forfeiture§

If no Qualifying Transaction is attributed to your Affiliate Account for twelve (12) consecutive months, we may mark the Affiliate Account dormant and may terminate it on notice. Approved Commissions below the minimum payout threshold at termination are forfeited unless you request payout within sixty (60) days of termination, in which case we may pay them less any applicable processing fees. Commissions forfeited under Section 7 or Section 12 are not recoverable.

6.6 Activation Bonus and Promotional Incentives§

We may credit an activation bonus to a newly approved Affiliate Account, and may offer promotional commissions, temporary rate increases, or other incentives from time to time. As at the Effective Date the activation bonus is ten US dollars (USD 10), credited once per Affiliate on activation. Unless expressly stated otherwise, incentives are non-recurring, are credited as pending or approved balance as we specify, may be subject to the Validation Period, do not count toward the minimum payout threshold until at least one Qualifying Transaction has been approved, do not modify your standard commission rate, and are forfeited together with all other Commissions on termination for cause. An activation bonus credited to an Affiliate Account that never produces a Qualifying Transaction may be reversed on termination.

6.7 Taxes§

You are solely responsible for all taxes, duties, and reporting obligations arising from Commissions you receive. We may withhold amounts where required by applicable law and may report payments to tax authorities where required. If you are a US person, you must provide a completed Form W-9 before your first payout; if you are not, you must provide the applicable Form W-8 or other documentation we request.

7 PERMITTED AND PROHIBITED PROMOTION§

7.1 Permitted Promotion§

You may promote reg.ly through your own website, blog, newsletter sent to subscribers who have opted in, social media accounts you control, video content, and other channels that comply with these Affiliate Terms and applicable law. You may use Affiliate Materials as provided, without alteration except for resizing that preserves proportions and legibility.

7.2 Disclosure§

You must clearly and conspicuously disclose, wherever you place a Referral Link, that you may earn a commission from purchases made through it, in a manner that complies with the laws and advertising standards of the jurisdictions where your audience is located, including the United States Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising.

7.3 Prohibited Methods§

You may not, directly or through others:

• send unsolicited commercial email, messages, or communications of any kind containing a Referral Link, or otherwise violate anti-spam laws including the United States CAN-SPAM Act and the EU ePrivacy rules;
• place Referral Links in iframes, hidden frames, pop-unders, or layered ads; set tracking cookies without a genuine, intentional click (“cookie stuffing”); or use scripts, bots, or automated means to generate clicks or set cookies;
• cloak, mask, redirect, or disguise a Referral Link so that the referring page or the destination is hidden, other than through URL-shortening that preserves attribution and discloses the destination;
• forward a domain name directly to the Site through your Referral Link;
• frame, mirror, scrape, or reproduce any page of the Site;
• bid on, purchase, or target as keywords our Marks, misspellings or variations of our Marks, or “reg.ly” together with terms such as “coupon”, “discount”, “promo”, or “login”, in any paid search, paid social, or display advertising; use our Marks in ad copy, display URLs, or destination URLs of paid ads; or link paid ads directly to the Site;
• register, own, or use any domain name, social media handle, app name, or business name that contains our Marks or is confusingly similar to them;
• offer, publish, or distribute any coupon, discount code, cashback, rebate, points, or other incentive for using your Referral Link, other than a promotion we have issued to you in writing for that purpose;
• place Referral Links on coupon, voucher, deal, cashback, or loyalty sites unless we have approved that channel for you in writing;
• engage in paid-advertising arbitrage, meaning paid traffic bought primarily to be sent to the Site through your Referral Link, or any other low-quality, incentivized, or non-organic traffic scheme;
• make any claim about reg.ly, our Services, pricing, the .LY ccTLD, NIC.LY, WHOIS or RDAP redaction, or data privacy that is false, misleading, or that goes beyond or contradicts what is stated on the Site, the Terms and Conditions, and the Privacy Policy; in particular, you may not state or imply that any WHOIS or RDAP privacy, redaction, or proxy protection is provided or guaranteed;
• impersonate us, create a website or channel that could be mistaken for ours, or state or imply that you are reg.ly, Midmak United, LLC, or an authorized reseller, agent, or representative;
• promote reg.ly on or through any site or channel containing unlawful, defamatory, sexually explicit, hateful, or violent content, or content that infringes intellectual property rights;
• target or promote to minors;
• use the Program, Referral Links, or Affiliate Materials in connection with any activity prohibited by the Terms and Conditions, the Acceptable Use Policy, or NIC.LY regulations; or
• engage in any other conduct that, in our reasonable judgment, is deceptive, abusive, damaging to our reputation, or intended to generate Commissions without a genuine independent customer transaction.

7.4 Investigation§

We may investigate any suspected violation. During an investigation we may withhold all pending and approved Commissions. You agree to cooperate, including by providing traffic sources, screenshots, ad account records, and other evidence we reasonably request. If we determine that a violation occurred, all Commissions associated with the period of violation are forfeited, whether pending, approved, or paid, and we may recover paid amounts under Section 6.4.

8 LICENSE AND INTELLECTUAL PROPERTY§

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the term to display Affiliate Materials and to use our Marks solely as they appear in Affiliate Materials, solely to identify and link to the Site in compliance with these Affiliate Terms. All goodwill from your use of the Marks accrues to us. You may not alter Affiliate Materials, remove or obscure any notice, or combine our Marks with any other mark. We may require you to change or remove any use of the Marks on notice. All rights not expressly granted are reserved. On termination, the license ends and you must remove all Affiliate Materials, Marks, and Referral Links from every channel within five (5) business days.

9 DATA PROTECTION AND CONFIDENTIALITY§

9.1 Referred Customer Data§

You will not receive the personal data of Referred Visitors or customers. Your Affiliate Account shows aggregate referral and commission statistics only. You may not attempt to identify, contact, or collect data on Referred Visitors or customers through the Program.

9.2 Your Own Collection§

If you collect personal data from your own audience in connection with promoting reg.ly, you are the controller of that data and are solely responsible for complying with applicable data protection law, including providing notices and obtaining any consents required for cookies and tracking on your properties.

9.3 Our Processing of Your Data§

We process your Affiliate Account data, referral statistics, payout information, and tax documentation as described in our Privacy Policy, for the purposes of operating the Program, paying Commissions, preventing fraud, and meeting legal obligations.

9.4 Confidentiality§

Commission rates agreed specifically with you, non-public Program information, and any information we mark confidential must be kept confidential during the term and for two (2) years after it ends. You may disclose that you participate in the Program and the publicly stated default rates.

10 REPRESENTATIONS AND WARRANTIES§

You represent and warrant that: you meet the eligibility requirements in Section 3; you own or control every website, account, and channel through which you promote reg.ly; your promotion will comply with these Affiliate Terms and all applicable laws, including advertising, consumer protection, anti-spam, data protection, and sanctions laws; and nothing in your promotion will infringe the rights of any third party.

11 CHANGES TO THE PROGRAM AND THESE TERMS§

We may change the Commission Schedule, including rates, commissionable products, Attribution Window, Validation Period, minimum payout threshold, and payout methods, at any time. Changes to the Commission Schedule take effect when posted in the Affiliate Account and apply to transactions placed on or after that time; they do not change the rate applied to a Qualifying Transaction already placed, except where that transaction is later reversed under Section 6.4. We may change these Affiliate Terms at any time by posting the updated version on the Site with a new Effective Date. Your continued participation after a change takes effect constitutes acceptance. If you do not accept a change, your sole remedy is to stop participating and request payout of any approved Commissions under Section 6.3. We may suspend or discontinue the Program entirely at any time; approved Commissions above the minimum threshold at the date of discontinuation will be paid in the ordinary course.

12 TERM AND TERMINATION§

12.1 Term§

These Affiliate Terms apply from the date we approve your application until terminated.

12.2 Termination by You§

You may leave the Program at any time by disabling affiliate features in your Account or by notifying support@reg.ly. Approved Commissions above the minimum payout threshold will be paid in the ordinary course. Pending Commissions complete their Validation Period and are then paid or cancelled under Section 6.

12.3 Termination by Us§

We may suspend or terminate your participation at any time, with or without cause, on notice to the email address in your Account. Where termination is without cause, approved Commissions will be paid under Section 12.2. Where termination is for violation of Section 7, fraud, misrepresentation, breach of the Terms and Conditions, or unlawful activity, all pending and approved Commissions are forfeited and we may recover paid Commissions under Section 6.4.

12.4 Effect§

On termination you must stop using all Referral Links, Affiliate Materials, and Marks and remove them under Section 8. Sections 4, 6.4, 6.7, 7.4, 8, 9, 13, 14, 15, 16, and 17 survive termination.

13 DISCLAIMER§

THE PROGRAM, THE AFFILIATE ACCOUNT, TRACKING, REFERRAL LINKS, AND AFFILIATE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT TRACKING WILL BE ACCURATE OR UNINTERRUPTED, THAT ANY LEVEL OF COMMISSIONS WILL BE EARNED, OR THAT THE PROGRAM WILL CONTINUE. THE DISCLAIMER OF WARRANTIES IN THE TERMS AND CONDITIONS APPLIES TO THE PROGRAM.

14 LIMITATION OF LIABILITY§

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ANY PROTECTED PARTY (AS DEFINED IN THE TERMS AND CONDITIONS) SHALL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE PROGRAM. OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THE PROGRAM SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID TO YOU IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THESE AFFILIATE TERMS EXCLUDES OR LIMITS ANY PERSON’S LIABILITY FOR ITS OWN CONDUCT TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15 INDEMNIFICATION§

You agree to defend, indemnify, and hold harmless the Company and all Protected Parties from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to: your websites, channels, content, and promotional activities; any breach of these Affiliate Terms or of your representations and warranties; any violation of law, including advertising, anti-spam, consumer protection, data protection, and sanctions law; any claim that your promotion infringes a third party’s rights; and any tax, duty, or reporting obligation relating to Commissions paid to you. We may assume the exclusive defense of any matter subject to indemnification, at your expense.

16 GOVERNING LAW AND DISPUTES§

These Affiliate Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any dispute arising out of or relating to the Program or these Affiliate Terms is subject to the dispute resolution provisions of the Terms and Conditions, including informal resolution, binding arbitration, the class action waiver, and the one-year limitation period, which apply as if set out here in full.

17 GENERAL§

The Terms and Conditions’ provisions on severability, waiver, assignment, no agency, construction, notices, mandatory rights, and electronic communications apply to these Affiliate Terms. You may not assign or transfer your Affiliate Account or any right under these Affiliate Terms; we may assign without notice or consent. These Affiliate Terms, the Commission Schedule, any Affiliate-specific rate we have confirmed to you in writing, the Terms and Conditions, and the Privacy Policy are the entire agreement between you and us regarding the Program.

18 CONTACT§

Company: Midmak United, LLC, trading as reg.ly / REGLY

Address: 131 Continental Dr, Suite 305, Newark, DE 19713, United States

Email: support@reg.ly

Program page: https://reg.ly/affiliates/

Affiliate Account: sign in at https://my.reg.ly/login and open the Affiliates tab

END OF AFFILIATE PROGRAM TERMS