If you submit a referral to Knock Knock WHOIS There’s (“KKWT,” “we”) dotblogger Recruitment Program, the following terms and conditions (“Terms”) apply.
1. Binding Agreement. This is an agreement between you and KKWT, in effect upon submission of a referral to the dotblogger Recruitment Program and as long as the referred dotblogger is the listed registrant for and/or uses their .blog domain (the “dotblogger Domain”). By referring a dotblogger to KKWT, you agree to be bound by these Terms. If you refer a dotblogger on behalf of an organization, you agree to these terms on behalf of that organization.
2. Representations, Warranties, and Disclaimers. You represent and warrant that you have full power and authority to enter into this agreement, and your referral and your continued participation in the dotblogger Recruitment Program (which is as long as your dotblogger is the listed registrant for and/or uses their .blog domain) is in strict accordance with these Terms, ICANN policies, and all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area.
By referring a dotblogger, you also represent and warrant that you:
- Are 18 years of age or older.
- Represent an ICANN-accredited registrar that has entered into a .blog Registry-Registrar Agreement with KKWT or are an authorized reseller of an ICANN-accredited registrar that has entered into a .blog Registry-Registrar Agreement with KKWT.
- Are authorized to represent the dotblogger in this matter.
- Recognize that we may refuse any dotblogger or dotblogger Domain request for any reason, without explanation.
- Will ensure that the dotblogger starts to use the dotblogger Domain within a reasonable timeframe, within the first year of the dotblogger Domain activation.
- Will ensure that the dotblogger continues to meet all eligibility criteria and requirements (“Requirements”) and will promptly address any issues that we bring to your attention.
- Understand that each domain name has an annual registry registration fee (which may be as high as $100,000 USD or more), and it will only be waived as long as all Requirements are met and these Terms are not violated. If we stop waiving the registry registration fee, we will notify the respective registrar at least 30 days in advance.
- Will not charge a dotblogger any registration and/or maintenance fees relating to the dotblogger Domain’s registration as long as we waive the registry registration fee.
- Understand that any approved dotblogger Domain will be registry-locked. dotblogger Domains can be unlocked on demand, at which point we will stop waiving the applicable registry registration fees; and
- Have obtained the dotblogger’s consent to the use of their name, likeness, website/blog name or likeness, and any associated content or logos by KKWT in connection with advertisements, articles, and other similar communications conducted by KKWT for promotional or marketing purposes.
If your referral is accepted as a dotblogger:
- We will continue to waive the registry registration fee as long as all these Terms are complied with.
- In the event of a sale of a business or site, the dotblogger Domain may be transferred, provided that all Requirements continue to be met.
- If the dotblogger would like to discontinue their use of the dobtblogger Domain, they will have the remainder of the domain registration year to transition to a new domain.
We make no warranties of any kind with respect to this dotblogger Recruitment Program.
3. Changes to These Terms. We reserve the right to modify and/or update these Terms in our sole and exclusive right from time to time. If we make material changes, we will let you know by, for example, posting on one of our blogs or sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you do not agree to the new Terms, then you must notify us within the designated notice period, at which point we will stop waiving the applicable registry registration fee(s). Otherwise, you will be subject to the new Terms going forward.
4. Termination. We may stop waiving registry registration fees if these Terms are violated. If we determine that a registrar has abused the dotblogger Recruitment Program, we reserve the right to terminate all other dotblogger(s) the registrar has referred and stop waiving all applicable registry registration fees.
If you wish to terminate this agreement, please contact us and we will stop waiving the applicable registry registration fee(s).
5. Survival. All provisions of this agreement which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity, and limitations of liability.
6. Limitation of Liability. We shall not have any liability for any indirect, incidental, consequential, special, exemplary, or punitive damages under any theory of liability arising out of, or relating to, these Terms or your participation in the dotblogger Recruitment Program. You understand and agree that our liability shall not exceed $5.23.
7. Indemnification. You will indemnify, defend, and hold KKWT, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys’ fees) brought by a third party arising out of or in connection with: (i) any act or omission by you, in connection with your participation in the dotblogger Recruitment Program or (ii) your breach or alleged breach of any of these Terms. KKWT may, at its option, elect to take over control of the defense and settlement of a claim subject to indemnification. You agree not to settle any such claim without the prior written consent of KKWT.
8. Arbitration Agreement. We both agree to resolve any disputes arising out of these Terms or your participation in the dotblogger Recruitment Program through final and binding arbitration. Arbitration is a less formal procedure than a lawsuit in court, with the goal of resolving disputes more quickly. We both agree to waive our rights to have our claims decided by a judge or jury. Instead, the arbitration shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with the Rules. The arbitration will be held in the United States county where you live or work, San Francisco (California), or any other location we agree to, and shall be conducted in the English language. The arbitrators’ decision may be enforced in any court of competent jurisdiction. We will pay all arbitration fees. The prevailing party shall be entitled to costs and attorneys’ fees, but we will not seek its attorneys’ fees and costs in arbitration unless the arbitrators determine that your claim is frivolous.
9. Governing Law. You agree that these Terms, and your participation in the dotblogger Recruitment Program, are governed by California law, in the United States of America, without regard to its principles of conflicts of law.