Reseller Program Terms and Conditions

RESELLER PROGRAM TERMS AND CONDITIONS

Last updated December 3, 2024

AGREEMENT TO OUR LEGAL TERMS

We are YacDaddy Inc ("Company," "we," "us," "our"), a company registered in North Carolina, United States at 6104 Gwynedd Rd, Summerfield, NC 27358.

We operate the website https://www.yacdaddy.com (the "Site"), the Reseller Program (the "Program"), as well as any related products and services that refer or link to these legal terms (the "Legal Terms").

You can contact us by phone at +1 (743) 233-9922, email at james@yacdaddy.com, or by mail to 6104 Gwynedd Rd, Summerfield, NC 27358, United States.

These Legal Terms constitute a legally binding agreement made between you ("Reseller"), whether personally or on behalf of an entity ("you"), and YacDaddy Inc, concerning your participation in the Reseller Program. By signing up for or participating in the Program, you confirm that you have read, understood, and agreed to be bound by these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE PROHIBITED FROM PARTICIPATING IN THE PROGRAM.

We reserve the right to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. Continued participation in the Program after changes are posted constitutes your acceptance of the revised terms.

Participation in the Program is restricted to individuals or entities that are at least 18 years of age and meet our eligibility requirements.

We recommend that you print a copy of these Legal Terms for your records.

INTRODUCTION
ELIGIBILITY AND REGISTRATION
RESELLER RESPONSIBILITIES
RESELLER ACCOUNT MANAGEMENT
PAYMENTS AND COMMISSIONS
MARKETING AND PROMOTIONS
DATA SHARING AND PRIVACY
RELATIONSHIP WITH CLIENTS
LICENSES AND INTELLECTUAL PROPERTY
PROHIBITED ACTIVITIES
LIMITATIONS OF LIABILITY
CONFIDENTIALITY AND NON-DISCLOSURE
TERM AND TERMINATION
MODIFICATIONS TO THE PROGRAM
DISPUTE RESOLUTION
GOVERNING LAW
CONTACT INFORMATION

1. INTRODUCTION

Welcome to the YacDaddy Reseller Program ("Program"). The Program allows eligible individuals or entities ("Resellers") to promote and refer clients to YacDaddy's products and services through dedicated reseller links in exchange for commission payments based on client transactions.

By participating in the Program, you agree to be bound by these Reseller Program Terms and Conditions ("Terms"), which govern your relationship with YacDaddy Inc ("Company," "we," "us," or "our") and your rights and obligations as a Reseller. These Terms are intended to ensure transparency, compliance, and mutual success in our partnership.

As a Reseller, you will have access to tools and resources to help you promote YacDaddy's products and services, including but not limited to website hosting, web design, Google Ads, Facebook Ads, and other offerings. You will also have the ability to feature your own products and services in the Marketplace for clients signed up through your dedicated reseller link, subject to the terms outlined herein.

Clients who sign up through your reseller link will be designated to you, and you will earn commissions on qualifying purchases made by these clients. Please note that all payments for YacDaddy products and services are processed directly by YacDaddy, and we will handle the payment of commissions to you as specified in these Terms.

YacDaddy reserves the right to modify, suspend, or terminate the Program or these Terms at any time at our sole discretion. It is your responsibility to review these Terms regularly to stay informed of any updates. Continued participation in the Program after changes are made constitutes your acceptance of the revised Terms.

If you do not agree to these Terms, you are not authorized to participate in the Program and must discontinue your participation immediately.

We look forward to partnering with you to grow YacDaddy's services and provide exceptional value to our mutual clients.

2. ELIGIBILITY AND REGISTRATION

Eligibility Requirements

To participate in the YacDaddy Reseller Program, you must meet the following eligibility requirements:

You must be at least 18 years old or the age of majority in your jurisdiction.
You must have the legal capacity to enter into binding agreements and comply with these Terms.
You must provide accurate, current, and complete information during the registration process.
You must not have been previously removed or disqualified from the Program for violating these Terms or engaging in prohibited activities.
Your participation must not violate any applicable laws, rules, or regulations in your jurisdiction, including but not limited to restrictions on engaging in referral or reseller programs.

We reserve the right to review and approve or reject any application to join the Reseller Program at our sole discretion. Meeting the eligibility requirements does not guarantee acceptance into the Program.

Registration Process

To register as a Reseller, you must complete the following steps:

Submit an application form through the designated YacDaddy Reseller Program portal.
Provide necessary information, including your name, contact details, payment information, and any requested business credentials.
Agree to these Terms and any supplemental agreements or policies provided during the registration process.

Once your application is submitted, we will review it and notify you of our decision via the email address provided during registration. If approved, you will receive access to your Reseller Dashboard, which includes your dedicated reseller link and tools to manage your referrals and commissions.

Ongoing Eligibility

As a Reseller, you are required to maintain compliance with these Terms and meet the following ongoing eligibility criteria:

Keep your account information accurate and up to date, including contact and payment details.
Adhere to ethical business practices and refrain from engaging in prohibited activities as outlined in these Terms.
Ensure your marketing, promotions, and interactions with clients comply with applicable laws and do not harm the reputation of YacDaddy or its services.

We reserve the right to suspend or terminate your participation in the Program if we determine that you no longer meet the eligibility requirements or have violated these Terms.

Independent Contractor Relationship

Participation in the Reseller Program does not create an employee, agent, or partnership relationship between you and YacDaddy. As a Reseller, you act as an independent contractor and are solely responsible for your actions, taxes, and compliance with applicable laws.

3. RESELLER RESPONSIBILITIES

As a Reseller in the YacDaddy Reseller Program, you agree to fulfill the following responsibilities to ensure compliance with these Terms and the success of the Program:

Promoting YacDaddy Services

Promote YacDaddy’s primary marketing service software in a truthful, professional, and ethical manner.
Use only approved marketing materials, content, and tools provided by YacDaddy or created in compliance with these Terms.
Avoid making false, misleading, or exaggerated claims about YacDaddy’s products, services, or results.

Client Relationships

Ensure that clients who sign up through your reseller link have a clear understanding of YacDaddy’s products, services, and pricing.
Provide prompt and professional communication with clients regarding any additional services or offerings you feature as part of the Marketplace.
Do not misrepresent your relationship with YacDaddy. You must clearly communicate that you are a Reseller and not an employee, agent, or representative of YacDaddy.

Compliance with Laws and Policies

Comply with all applicable laws, rules, and regulations related to your participation in the Reseller Program, including but not limited to advertising, data privacy, and anti-spam laws.
Abide by YacDaddy’s marketing guidelines and refrain from engaging in prohibited activities outlined in these Terms.
Ensure that any third-party tools or services you use to promote YacDaddy are legally compliant and do not harm YacDaddy’s reputation.

Data Security and Privacy

Handle client data responsibly and in accordance with applicable data protection laws and YacDaddy’s Privacy Policy.
Protect any sensitive information shared with you by YacDaddy, including client data and revenue metrics, from unauthorized access or misuse.
Notify YacDaddy immediately of any suspected or confirmed data breaches involving client or Program-related information.

Account Maintenance

Keep your reseller account information accurate and up to date, including contact details, payment preferences, and tax documentation.
Actively monitor your Reseller Dashboard for updates, commissions, and client activity.
Report any issues or discrepancies related to your account or commissions promptly to YacDaddy.

Prohibited Conduct

Do not engage in fraudulent activities, including creating fake accounts, generating false referrals, or manipulating commissions.
Do not engage in unauthorized use of YacDaddy’s intellectual property, including logos, trademarks, or marketing materials, in ways not approved by YacDaddy.
Do not solicit or encourage clients to dispute payments or seek refunds from YacDaddy without valid cause.

Reseller Accountability

You are solely responsible for your actions as a Reseller, including compliance with these Terms, applicable laws, and any agreements made with clients.
You agree to indemnify and hold harmless YacDaddy from any claims, damages, or liabilities arising from your actions, omissions, or violations of these Terms.

5. PAYMENTS AND COMMISSIONS

Commission Eligibility

As a Reseller, you will earn commissions on qualifying purchases made by clients who sign up through your unique reseller link.
Commissions are calculated based on the payments received from referred clients for YacDaddy services, excluding refunds, chargebacks, taxes, and fees.
Commissions will only be paid for transactions that are successfully processed and cleared through Stripe.

Stripe Account Requirement

To receive commission payments, you must have an active Stripe account and provide your Stripe ID to YacDaddy during the registration process.
It is your responsibility to ensure your Stripe account is active, accurate, and able to receive payments. YacDaddy is not responsible for delays or failures in payments due to issues with your Stripe account.

Payment Schedule

Commission payments will be processed and disbursed 72 days after YacDaddy receives payment from the referred client through Stripe. This delay accounts for any potential disputes, refunds, or chargebacks.
Payments are made exclusively through Stripe and will be transferred to the Stripe account associated with the Stripe ID you provided.

Reporting and Tracking

You will receive periodic reports detailing the status of client transactions and commission calculations. These reports will be shared through the client-specific report links provided to you.
If you identify discrepancies in your reports, you must notify YacDaddy within 14 days of receiving the report. Failure to do so may forfeit your right to dispute the discrepancies.

Conditions for Commission Payments

YacDaddy reserves the right to withhold or adjust commissions if transactions are found to be fraudulent, disputed, or in violation of these Terms.
Commissions are only payable for referred clients who remain in good standing with YacDaddy and have not defaulted on their payments or canceled their services during the commission eligibility period.

Taxes and Fees

You are solely responsible for any taxes, fees, or other obligations arising from your receipt of commission payments. YacDaddy will not withhold or remit taxes on your behalf unless required by applicable law.
If required by law, you must provide valid tax documentation (e.g., W-9 form) to YacDaddy before receiving commission payments. Failure to do so may result in payment delays.

Changes to Commission Structure

YacDaddy reserves the right to modify the commission structure, payment schedule, or eligibility requirements at any time. You will be notified of such changes, and continued participation in the Program constitutes acceptance of the updated terms.

6. MARKETING AND PROMOTIONS

Authorized Marketing Activities

As a Reseller, you are authorized to promote YacDaddy’s products and services using your unique reseller link, approved marketing materials, and any resources provided by YacDaddy.
You may create your own marketing content as long as it complies with these Terms and is truthful, accurate, and consistent with YacDaddy’s branding and messaging guidelines.
Marketing activities may include, but are not limited to, social media posts, email campaigns, website content, and advertisements, provided they comply with applicable laws and regulations.

Prohibited Marketing Practices

Do not engage in false, misleading, or deceptive advertising about YacDaddy’s products, services, or the Reseller Program.
Do not make unapproved claims about potential earnings, performance metrics, or results clients may achieve by using YacDaddy’s services.
Do not use YacDaddy’s name, logo, or other intellectual property in a manner that suggests you are an employee, agent, or representative of YacDaddy.
Do not engage in spam or other unsolicited communications to promote YacDaddy’s services. All marketing must comply with applicable anti-spam laws, such as CAN-SPAM and GDPR.
Do not use unethical or unlawful methods to drive traffic to your reseller link, including but not limited to click fraud, bots, or misleading redirects.

Use of YacDaddy Branding

You are granted a limited, non-exclusive, revocable license to use YacDaddy’s trademarks, logos, and marketing materials solely for the purpose of promoting YacDaddy’s products and services as a Reseller.
All use of YacDaddy branding must comply with YacDaddy’s branding guidelines, which will be provided upon approval as a Reseller.
You may not alter, modify, or misuse YacDaddy’s branding in any way that could harm YacDaddy’s reputation or mislead clients.

Approval of Custom Marketing Materials

If you create custom marketing materials that reference YacDaddy’s products or services, you must submit them for review and approval by YacDaddy before use or distribution.
YacDaddy reserves the right to reject any marketing materials that do not align with its brand or comply with these Terms.

Compliance with Laws

All marketing and promotional activities must comply with applicable laws, rules, and regulations in your jurisdiction, including those related to advertising, consumer protection, and data privacy.
You are solely responsible for ensuring that your marketing activities meet all legal requirements.

Monitoring and Enforcement

YacDaddy reserves the right to monitor your marketing activities and request changes or the removal of content that violates these Terms or harms YacDaddy’s reputation.
Failure to comply with YacDaddy’s requests or engaging in prohibited marketing practices may result in suspension or termination of your reseller account and forfeiture of commissions.

7. DATA SHARING AND PRIVACY

Data Sharing with Resellers

As part of the Reseller Program, YacDaddy may share certain client-related data with you, including but not limited to client contact information, transaction history, revenue metrics, and performance reports.
This data is shared solely for the purpose of facilitating your role as a Reseller and helping you support your referred clients effectively.
By participating in the Program, you agree to handle all shared data in compliance with these Terms, applicable laws, and YacDaddy’s Privacy Policy.

Reseller Responsibilities for Data Protection

You must implement reasonable administrative, technical, and physical safeguards to protect the confidentiality, integrity, and security of client data shared with you by YacDaddy.
You may not share, sell, lease, or otherwise disclose client data to any third party without the explicit written consent of YacDaddy and the client, unless required by law.
Client data provided to you by YacDaddy must only be used for activities directly related to the Reseller Program. Any misuse of client data is strictly prohibited and may result in the termination of your reseller account.

YacDaddy’s Privacy Obligations

YacDaddy will handle all client and reseller data in accordance with its Privacy Policy and applicable data protection laws.
YacDaddy will share only the minimum necessary data required to support your participation in the Reseller Program and your referred clients.

Client Data Confidentiality

You are responsible for maintaining the confidentiality of all client data shared with you. Unauthorized disclosure or breach of confidentiality may result in immediate suspension or termination of your reseller account and potential legal action.
If you become aware of any unauthorized access to or misuse of client data, you must notify YacDaddy immediately and cooperate fully in any investigation or remediation efforts.

Compliance with Data Protection Laws

You are responsible for ensuring that your handling of client data complies with all applicable data protection laws and regulations in your jurisdiction, including but not limited to GDPR, CCPA, and other privacy standards.
YacDaddy is not responsible for any penalties, fines, or liabilities incurred due to your failure to comply with applicable data protection laws.

Data Retention and Deletion

You must securely delete or anonymize all client data provided to you by YacDaddy upon termination of your reseller account or at YacDaddy’s request.
Failure to delete or anonymize client data as required may result in legal action and forfeiture of any outstanding commissions.

Liability for Data Breaches

You are solely responsible for any data breaches or unauthorized disclosures resulting from your handling of client data shared through the Reseller Program.
You agree to indemnify and hold harmless YacDaddy from any claims, damages, or penalties arising from your failure to adequately protect client data.

8. RELATIONSHIP WITH CLIENTS

Client Ownership and Designation

Clients who sign up through your reseller link are designated to you as part of the Reseller Program. This designation applies solely for the purposes of tracking commissions and providing client data to you.
YacDaddy retains full ownership of the client relationship, including the delivery of services, billing, and direct support.
Clients designated to you remain customers of YacDaddy, and all contracts, terms, and policies governing the Services are between YacDaddy and the client.

Client Communication

You are encouraged to maintain professional and transparent communication with the clients you refer, especially regarding your own products or services offered through the Marketplace.
You may not misrepresent your role in the Program or claim to act on behalf of YacDaddy in any official capacity beyond your role as a Reseller.
For any issues directly related to YacDaddy’s products or services, clients should be directed to YacDaddy’s support team for assistance.

Marketplace Offerings

If you feature your own products or services in the Marketplace, you are solely responsible for fulfilling those offerings and managing the relationship with the client regarding those specific products or services.
YacDaddy is not liable for disputes, refunds, or any issues arising from your Marketplace offerings. All such matters must be resolved directly between you and the client.

Data Usage and Confidentiality

Any client data shared with you by YacDaddy must be used solely to support the client relationship and your role as a Reseller.
You are prohibited from using client data for unsolicited marketing, unauthorized communications, or any purpose unrelated to the Program.

Prohibited Activities

You may not solicit clients to cancel their YacDaddy subscriptions or transfer their accounts to another provider or platform.
You may not encourage clients to dispute payments, seek unauthorized refunds, or act in any way that could harm YacDaddy’s business or reputation.
You may not offer discounts, incentives, or promises of results that contradict YacDaddy’s pricing or service policies without prior written approval.

Support Boundaries

YacDaddy is solely responsible for providing technical and customer support related to its products and services. You are not authorized to provide technical support on behalf of YacDaddy unless specifically permitted.
If a client contacts you for support regarding YacDaddy’s services, you must direct them to YacDaddy’s support team.

Disputes with Clients

If disputes arise between you and a client regarding your independent services or Marketplace offerings, you are solely responsible for resolving the matter.
YacDaddy will not mediate or intervene in disputes related to your products, services, or communications with clients.

9. LICENSES AND INTELLECTUAL PROPERTY

YacDaddy’s Intellectual Property

All content, trademarks, service marks, logos, designs, graphics, software, text, and other materials associated with YacDaddy and its Services ("YacDaddy Intellectual Property") are the exclusive property of YacDaddy or its licensors.
As a Reseller, you are granted a limited, non-exclusive, revocable license to use YacDaddy’s Intellectual Property solely for the purpose of promoting YacDaddy’s products and services in accordance with these Terms.
You may not modify, replicate, distribute, or create derivative works of YacDaddy Intellectual Property without prior written consent from YacDaddy.

Reseller Use of Marketing Materials

You are authorized to use YacDaddy-approved marketing materials, including images, text, and promotional content, to promote YacDaddy’s services.
Custom marketing materials created by you must be submitted to YacDaddy for review and approval before use.
You must immediately discontinue the use of any YacDaddy Intellectual Property if requested by YacDaddy or upon termination of your reseller account.

Restrictions on Use

You may not use YacDaddy’s Intellectual Property in any way that:
- Suggests an official partnership, employment, or endorsement by YacDaddy beyond your role as a Reseller.
- Violates applicable laws or regulations, including advertising and intellectual property laws.
- Damages YacDaddy’s reputation or brand.
You are prohibited from using YacDaddy’s trademarks, logos, or other Intellectual Property in domain names, social media handles, or any other identifiers without prior written consent.

Ownership of Client Data and Reports

All data, metrics, and reports related to clients referred through the Reseller Program are the property of YacDaddy.
You are granted access to client-specific reports for informational purposes only and do not acquire ownership or additional rights to the data contained in those reports.
You must comply with all data-sharing and confidentiality obligations outlined in these Terms when accessing and using client-related data.

Termination of License

The license granted to you under these Terms is automatically revoked upon termination of your reseller account, whether initiated by you or YacDaddy.
Upon termination, you must immediately cease using YacDaddy Intellectual Property, including removing any marketing materials, logos, or other assets from your websites, advertisements, or other promotional materials.

Reseller Intellectual Property

Any custom marketing content or materials you create independently that do not include YacDaddy Intellectual Property remain your property.
By submitting custom materials to YacDaddy for approval, you grant YacDaddy a non-exclusive, royalty-free, worldwide license to use, reproduce, and distribute the materials as part of the Program.

Legal Action for Misuse

Unauthorized use, reproduction, or modification of YacDaddy Intellectual Property may result in legal action, including claims for damages and injunctive relief.
YacDaddy reserves the right to seek compensation for any harm caused by the misuse of its Intellectual Property.

10. PROHIBITED ACTIVITIES

As a Reseller, you are expected to act in accordance with these Terms and maintain ethical and legal practices at all times. Engaging in any of the following prohibited activities may result in the suspension or termination of your reseller account and forfeiture of commissions:

Fraudulent or Deceptive Practices

Creating fake accounts, fake referrals, or manipulating transactions to generate commissions.
Misrepresenting YacDaddy’s products, services, or your role as a Reseller.
Using false or misleading claims about earnings, performance, or results to attract clients.

Unauthorized Use of Intellectual Property

Using YacDaddy’s logos, trademarks, or marketing materials in a manner not approved by YacDaddy.
Registering domain names, social media accounts, or other identifiers containing YacDaddy’s trademarks without written consent.
Creating derivative works or unauthorized modifications of YacDaddy’s Intellectual Property.

Unethical Marketing Practices

Engaging in spam or unsolicited communications, including email campaigns, social media messages, or phone calls, that violate anti-spam laws such as CAN-SPAM or GDPR.
Using bots, click fraud, or other automated means to drive traffic to your reseller link.
Advertising in a way that tarnishes YacDaddy’s reputation or harms its brand image.

Improper Client Relations

Encouraging clients to dispute payments, request unauthorized refunds, or cancel their YacDaddy subscriptions.
Misleading clients about YacDaddy’s services, pricing, or support policies.
Failing to honor your own commitments or Marketplace offerings provided to clients.

Violation of Laws or Regulations

Engaging in any activity that violates applicable local, state, national, or international laws and regulations.
Failing to comply with laws related to advertising, data privacy, consumer protection, or intellectual property rights.

Misuse of Client Data

Using client data provided by YacDaddy for purposes not related to the Reseller Program.
Selling, sharing, or otherwise disclosing client data to unauthorized third parties.
Failing to implement reasonable safeguards to protect client data from unauthorized access or misuse.

Interference with YacDaddy Operations

Attempting to interfere with or disrupt YacDaddy’s systems, services, or business operations.
Engaging in activities that compete with YacDaddy or redirect clients to other service providers.
Harassing, threatening, or abusing YacDaddy employees, agents, or other resellers.

Non-Compliance with Program Terms

Failing to adhere to these Terms or any updates provided by YacDaddy.
Ignoring YacDaddy’s requests to remove non-compliant marketing materials, cease prohibited activities, or resolve client disputes.

Consequences of Prohibited Activities

Engaging in prohibited activities may result in:
- Suspension or termination of your reseller account.
- Forfeiture of any unpaid commissions.
- Legal action, including claims for damages or injunctive relief.
YacDaddy reserves the right to investigate any suspected violations and take appropriate action at its sole discretion.

11. LIMITATIONS OF LIABILITY

To the fullest extent permitted by applicable law, YacDaddy and its affiliates, officers, directors, employees, agents, licensors, and service providers shall not be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, loss of data, or other damages arising from your participation in the Reseller Program, even if YacDaddy has been advised of the possibility of such damages.

Commission Payments

YacDaddy’s total liability for any claims related to commissions owed to you is limited to the amount of commissions properly earned and payable to you under these Terms.
YacDaddy is not liable for any delays or failures in payment caused by incorrect or incomplete information provided by you, Stripe account issues, or other circumstances beyond YacDaddy’s control.

Client Data and Privacy

YacDaddy is not responsible for any misuse of client data by you or any third party you authorize to access such data. You are solely liable for ensuring that client data is handled in compliance with applicable laws and these Terms.
YacDaddy is not liable for any claims arising from unauthorized access to or disclosure of client data due to your actions or negligence.

Marketplace Offerings

YacDaddy is not responsible for the performance, quality, or results of any products or services you offer in the Marketplace. All disputes related to your offerings must be resolved directly between you and the client.
YacDaddy disclaims all liability for any losses or damages resulting from your independent business activities or Marketplace transactions.

Program Changes

YacDaddy reserves the right to modify, suspend, or terminate the Reseller Program or any related terms at any time without liability to you.
You agree that YacDaddy is not liable for any loss of income, opportunity, or other damages resulting from changes to or termination of the Reseller Program.

Force Majeure

YacDaddy is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, cyberattacks, power outages, labor disputes, or government actions.

Limit on Total Liability

In no event shall YacDaddy’s total liability to you for all claims arising out of or related to the Reseller Program exceed the total amount of commissions paid to you by YacDaddy in the twelve (12) months preceding the event giving rise to the claim.

Indemnification

You agree to indemnify and hold harmless YacDaddy and its affiliates, officers, directors, employees, and agents from and against any claims, damages, or expenses arising from:
- Your breach of these Terms or any applicable laws.
- Your misuse of client data or YacDaddy’s Intellectual Property.
- Your independent business activities or Marketplace offerings.

12. CONFIDENTIALITY AND NON-DISCLOSURE

As a Reseller in the YacDaddy Reseller Program, you may have access to certain confidential information about YacDaddy, its clients, and its business operations. To protect this information, you agree to the following:

Definition of Confidential Information

"Confidential Information" includes, but is not limited to, proprietary data, trade secrets, client data, pricing models, marketing strategies, financial information, and any other non-public information disclosed to you by YacDaddy or its clients.
Confidential Information does not include information that:
- Is publicly available at the time of disclosure or becomes publicly available through no fault of your own.
- Was known to you prior to disclosure, without an obligation of confidentiality.
- Is independently developed by you without using or referencing YacDaddy’s Confidential Information.
- Is disclosed to you by a third party lawfully and without confidentiality obligations.

Obligations of Confidentiality

You agree to maintain the confidentiality of all Confidential Information and use it solely for purposes directly related to your participation in the Reseller Program.
You may not disclose Confidential Information to any third party without prior written consent from YacDaddy, except as required by law or legal process.
You must take reasonable measures to protect Confidential Information from unauthorized access, disclosure, or use, including implementing security safeguards and restricting access to authorized personnel only.

Client Data Protection

You acknowledge that client data provided to you as part of the Reseller Program is considered Confidential Information and must be handled in accordance with these Terms and applicable data protection laws.
You may not use client data for any purpose other than to support the client’s use of YacDaddy’s services.
Unauthorized use, sharing, or sale of client data is strictly prohibited and may result in immediate termination of your reseller account and legal action.

Return or Destruction of Confidential Information

Upon termination of your reseller account or at YacDaddy’s request, you must immediately return or securely destroy all copies of Confidential Information in your possession, including client data and marketing materials.
You must certify in writing that all Confidential Information has been returned or destroyed, if requested by YacDaddy.

Exclusions

Nothing in this section prevents you from disclosing Confidential Information if required by law, regulation, or valid court order, provided that you:
- Give YacDaddy prompt written notice of the disclosure requirement, if legally permissible.
- Cooperate with YacDaddy’s efforts to seek a protective order or limit the scope of the disclosure.

Duration of Confidentiality

Your obligations under this section will remain in effect during your participation in the Reseller Program and for a period of three (3) years after termination of your reseller account.

Consequences of Breach

A breach of this section may result in immediate termination of your reseller account, forfeiture of commissions, and potential legal action.
You agree to indemnify and hold harmless YacDaddy from any damages, losses, or liabilities arising from your unauthorized disclosure or misuse of Confidential Information.

13. TERM AND TERMINATION

Term of Agreement

This agreement begins on the date your reseller application is approved by YacDaddy and continues until terminated by either party in accordance with these Terms.
Your participation in the Reseller Program is subject to ongoing compliance with these Terms and all applicable laws.

Termination by Reseller

You may terminate your participation in the Reseller Program at any time by providing written notice to YacDaddy via the contact information provided in these Terms.
Upon termination, you must cease all promotional activities related to YacDaddy’s services and return or securely destroy all Confidential Information, including client data and marketing materials.

Termination by YacDaddy

YacDaddy may terminate your participation in the Reseller Program at its sole discretion, with or without cause, by providing written notice to you.
YacDaddy may immediately terminate your account without prior notice if:
- You breach any of these Terms or applicable laws.
- You engage in prohibited activities or unethical practices, as outlined in these Terms.
- You misuse client data, violate confidentiality obligations, or damage YacDaddy’s reputation.

Effect of Termination

Upon termination of your reseller account:
- You will lose access to all reseller benefits, including client report links and commission tracking.
- You must immediately stop using YacDaddy’s Intellectual Property, including marketing materials and trademarks.
- Clients referred through your reseller link will remain customers of YacDaddy, and their accounts will be managed directly by YacDaddy.
Commissions earned and approved prior to the termination date will be paid according to the normal payout schedule, subject to any offsets or adjustments for violations of these Terms.
Commissions not yet earned or approved at the time of termination will be forfeited.

Survival of Obligations

The following obligations survive termination of this agreement:
- Confidentiality and Non-Disclosure obligations (Section 12).
- Limitations of Liability (Section 11).
- Indemnification obligations (Section 14).

Reinstatement

If your reseller account is terminated, you may request reinstatement by submitting a written appeal to YacDaddy. Approval of reinstatement is at YacDaddy’s sole discretion.

Modification or Discontinuation of the Program

YacDaddy reserves the right to modify, suspend, or discontinue the Reseller Program at any time, with or without prior notice.
In the event of discontinuation, all reseller accounts will be terminated, and any commissions earned and approved before the termination date will be paid according to the payout schedule.

14. MODIFICATIONS TO THE PROGRAM

Right to Modify

YacDaddy reserves the right to modify, update, or otherwise change the Reseller Program at any time, including but not limited to:
- Program structure, terms, or eligibility requirements.
- Commission rates, payout schedules, or payment methods.
- Marketing guidelines, approved materials, or promotional resources.
- Features, tools, or benefits available to resellers.
Any modifications will be effective immediately upon posting updated Terms to the YacDaddy website or providing notice to you via email or other reasonable means.

Notice of Changes

We will notify resellers of significant changes to the Reseller Program via email or the contact information provided during registration.
It is your responsibility to review any updates to these Terms and ensure ongoing compliance with the Program.
Your continued participation in the Program after modifications constitutes your acceptance of the updated Terms.

Impact on Existing Clients and Commissions

Modifications to the Program will not retroactively affect commissions already earned and approved under the prior Terms, unless adjustments are necessary due to fraudulent activity or breach of these Terms.
Any changes to commission rates or payout schedules will apply only to transactions or referrals made after the effective date of the modification.

Discontinuation of the Program

YacDaddy reserves the right to discontinue the Reseller Program entirely at its discretion. In such an event:
- Resellers will receive notice of the discontinuation with details regarding the final payout schedule for approved commissions.
- No additional commissions will be earned after the discontinuation date.

Reseller Rights

If you do not agree to any modifications to the Reseller Program or these Terms, you may terminate your reseller account by providing written notice to YacDaddy as outlined in the Term and Termination section.
Termination in response to a modification does not entitle you to retroactive application of prior Terms or previously offered benefits.

Limitation of Liability for Changes

YacDaddy is not liable for any losses, damages, or other consequences arising from modifications to or discontinuation of the Reseller Program.
By participating in the Program, you acknowledge and accept the potential for changes and agree to adapt your activities accordingly.

15. DISPUTE RESOLUTION

Informal Resolution

If any dispute arises between you and YacDaddy related to the Reseller Program or these Terms, both parties agree to first attempt to resolve the matter informally by contacting the other party.
- You can contact YacDaddy using the information provided in the Contact Us section.
- YacDaddy will contact you using the email address or contact information associated with your reseller account.
Both parties agree to make good faith efforts to resolve the dispute informally within thirty (30) days of initial contact.

Binding Arbitration

If the dispute cannot be resolved informally, it will be submitted to binding arbitration under the rules of the American Arbitration Association ("AAA").
- The arbitration will be conducted in English and held in Guilford County, North Carolina, unless otherwise mutually agreed upon by the parties.
- The arbitration will be conducted by a single arbitrator with experience in commercial disputes, selected in accordance with AAA rules.
The arbitrator’s decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Costs and Fees

Each party will bear its own costs and expenses related to the arbitration, including attorneys’ fees, unless the arbitrator determines that the costs should be allocated differently due to one party’s unreasonable actions.
Any administrative fees, filing costs, or other fees charged by the arbitration forum will be shared equally by the parties, unless otherwise determined by the arbitrator.

Exceptions to Arbitration

The following disputes are not subject to arbitration:
- Claims related to unauthorized use, misuse, or infringement of YacDaddy’s intellectual property.
- Actions seeking injunctive relief or other equitable remedies to prevent actual or threatened harm.
For these exceptions, the parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Guilford County, North Carolina.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis only and not as a class, consolidated, or representative action.
You waive your right to participate in any class action lawsuit, arbitration, or other collective legal proceeding related to the Reseller Program.

Time Limitation for Disputes

Any claim or dispute under these Terms must be filed within one (1) year of the event giving rise to the claim, or it will be permanently barred.

16. GOVERNING LAW

These Terms and your participation in the YacDaddy Reseller Program are governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of laws principles.

Jurisdiction

Any disputes arising from or related to these Terms that are not subject to arbitration, as outlined in the Dispute Resolution section, shall be resolved exclusively in the state or federal courts located in Guilford County, North Carolina.
You agree to submit to the personal jurisdiction of these courts for the purpose of litigating any such disputes.

International Participation

If you access or participate in the Reseller Program from outside the United States, you are responsible for compliance with local laws and regulations applicable in your jurisdiction.
To the extent permitted by law, you agree that any legal matters arising from your participation in the Reseller Program will still be governed by the laws of the State of North Carolina, United States.

17. CONTACT INFORMATION

If you have any questions regarding the Reseller Program or these Legal Terms, please contact us at:

YacDaddy Inc
6104 Gwynedd Rd
Summerfield, NC 27358
United States
Phone: +1 (743) 233-9922
Email: james@yacdaddy.com