MEDIA TEMPLE PARTNER PROGRAM RULES

Last Revised: July 16, 2019

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES

1. OVERVIEW

This Partner Program Agreement (the "Agreement") is entered into by and between GoDaddy Media Temple, Inc., a California Corporation ("Media Temple") 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 Media Temple’s Partner Program (the “Program”), and represents the entire agreement between you and Media Temple concerning the subject matter hereof and supersedes any other agreements, proposals, communications and understandings, whether written or oral, between Media Temple and you, other than as incorporated by reference into this Agreement.

Your electronic acceptance of this Agreement signifies that you have read, understand, and agree to be bound by this Agreement, along with Media Temple’s Terms of Service Agreement, which is incorporated herein by this reference.

In this Agreement, when we say "you," "your," “Partner” and "Customer", we mean the owner of the Media Temple Account and the person utilizing the Service. When we say "we," "our," "us," “Sponsor,” "Provider," "(mt)" and "Media Temple", we mean Media Temple, Inc. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, except where specifically granted herein.

We may, in our sole and absolute discretion, change or modify this Agreement, and any policies or agreements that are incorporated herein, at any time and such changes or modifications shall be effective immediately upon posting to this Website. Your use of this Site or the Service and continued participation in the Program after such changes or modifications shall constitute your acceptance of this Agreement as last revised. If at any time, you do not agree to the terms of this Agreement or any of the policies on our Website, discontinue your participation in the Program. We may, without obligation, occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account contact information current. We are not responsible for your failure to receive important notifications due to inaccurate contact information.

2. DEFINITIONS

For the purposes of this Agreement, the following definitions apply and any undefined terms have the meaning ascribed to them in the context in which they are used in this Agreement:

  • “Eligible Service” or “Eligible Services” refers to the first hosting product or service purchased by Referred customer. Currently, Eligible Services includes: all Grid, VPS, Cloud Tech, (mt) Account Management, Managed WordPress, and Managed Services for AWS.
  • “Customer Discount” is the 20% discount offered to every Partner with any hosting products not including Managed Services for AWS, Premier Support, or (mt) Account Management.
  • “Rewards” or “Reward” collectively refers to the various benefits offered to Partner. A list of current Partner benefits is located at About Partner Program.
  • “Referral Credit” refers to the 20% referral credit that Partner may be eligible for any referred customer. This Referral Credit excludes Managed Services for AWS.
  • “Tiers” refers to the qualifying status of Partner, earned.

3. DESCRIPTION OF THE PROGRAM

The purpose of the Program is to foster long-term relationships with agencies, digital studios, designers, web professionals, and strategic partners to create a beneficial hosting experience for our mutual end clients. Partners are eligible for Rewards detailed at About Partner Program

4. PROGRAM REQUIREMENTS

Partner must be at least 18 years of age at the time of the Eligible Service start date. In order for Partner to qualify for Rewards: (i) Partner must first complete enrollment with the Program Manager; (ii) meet the eligibility requirements for respective Tiers as defined in About Partner Program and (ii) accept the applicable terms and conditions. In order for Partner to receive account credit: (i) referred customer must keep the Eligible Service open for a minimum of 60 calendar days, with all fees paid on the (mt) Account; and (ii) Partner must be an existing Media Temple customer with an open (mt) Account, in good standing, throughout the duration of the partnership.

Partner and referred customer are responsible for ensuring all contact information and account details are current and valid at all times. Partner and referred customer agree to comply with all applicable federal, state, tax, and local laws and regulations. If Partner and/or referred customer fail to comply with any of the terms in this Agreement, the Terms of Service Agreement, or any other agreement including but not limited to applicable product agreements incorporated herein, as determined by us in our sole discretion, Partner may not be eligible for Rewards. Notwithstanding the foregoing, Partner agrees Media Temple may terminate Partner’s relationship with Media Temple if Partner violates, as determined by Media Temple in its sole discretion, any of the terms of this Agreement and/or for non-payment of fees.

5. PARTNER BENEFITS

(a) Overview

A detailed list of current Partner benefits is located at About Partner Program. Completion of the program requirements will be verified by Media Temple and determined in its sole discretion. After completion of the program requirements and verification by Media Temple, pursuant to the terms in this Agreement, Customer Discount and/or Referral Credit will be credited to Partner’s (mt) Account within 30 calendar days of Partner’s purchase. Customer Discount and/or Referral Credit is forfeited if the Eligible Service is terminated for any reason within six (6) months of Partner’s purchase. If Partner does not have a (mt) Account in good standing to be credited, Customer Discount and/or Referral Credit is forfeited. Referral Credit has no cash value and may not be transferred. Customer Discount and/or Referral Credit is exclusive of any applicable taxes. Any amount of unused, Customer Discount and/or Referral Credit will remain on Partner’s (mt) Account for two years or until the Account is closed, whichever comes earlier. Media temple reserves the right to discontinue or modify this promotion at any time.

(b) Qualifying Tiers

Tiers are determined by the number of the Eligible Services purchased by Partner or their referred customer. Eligible Services, Tiers, and Rewards are determined solely by Media Temple and subject to change at any time, at Media Temple’s sole discretion, without notice. Rewards offered with these Tiers are governed by the terms set forth in this Agreement.

Partner must maintain the designated number of Eligible Services in one calendar year to be eligible for that Tier, determined at Media Temple’s sole discretion. Eligible Services are subject to change at any time, at Media’s Temple’s sole discretion, and without notice. A detailed description of the Tiers may be found at About Partner Program.

(c) Sales and Marketing Collateral

Various marketing materials, such as white papers, case studies, and proposal information may be provided to Partner for use in promoting Media Temple, based on availability, as determined at Media Temple’s sole discretion. You acknowledge and agree that such material is the sole and exclusive property of Media Temple, and your use of such material shall inure to the benefit of Media Temple.

(d) Client Spotlight and Directory Listing

If available, Partner may opt-in to an online directory listing or online forum to showcase Partner’s business location and skill set. As a Media Temple Partner, by accepting this Agreement, you agree that Media Temple can use your individual name and/or your company’s name and/or logo on our website, blog, marketing materials, and other advertisements to indicate that you are or at one point were a Media Temple customer. If you are partnering with Media Temple on behalf of a client or other third party, you represent and warrant that you have permission to grant this authority on behalf of that third party. This provision shall survive termination of this Agreement or your customer or partner relationship with Media Temple.

(e) Media Temple Events and VIP

Upon satisfying eligibility requirements for the applicable Tiers, Partner may receive access to certain Media Temple sponsored events at Media Temple sponsored conferences. Events are by invite only. Spots are not guaranteed and eligibility is determined solely by Media Temple and subject to change at any time, at Media Temple’s sole discretion, and without notice.

(f) Customer Service

All Partners receive access to Media Temple’s Customer Service. Written support requests or support services requests may receive priority service for Platinum and Platinum Cloud Partners, based on availability and at Media Temple’s sole discretion.

(g) Intellectual Property

You acknowledge and agree the Partner Program, the names, trademarks, and logos of Media Temple, and all related product and service names, design marks and slogans, including misspellings and variations (the "Media Temple Trademarks"), are the sole and exclusive property of Media Temple, and your use of the Media Temple Trademarks shall inure to the benefit of Media Temple. You are not authorized to use the Media Temple Trademarks in any advertising, publicity, or other commercial venture except by displaying in an unaltered state the icons, buttons, badges, banners, graphics, files, or content contained in Media Temple’s links as provided in this Agreement.

You agree not to use, advertise, or otherwise promote any mark of Media Temple in the headline or description copy associated with pay-for-placement search engines or paid search engine advertising and you may not bid on any mark of Media Temple on any pay-for-placement search engines.

6. GENERAL CONDITIONS

Media Temple reserves the right to modify these terms and conditions, or to change, interrupt, or stop the Program either for a period of time or permanently, without notice.

Partners are responsible for all applicable taxes associated with the receipt of the Reward, which is not transferable and may not be exchanged.

This Program is void where prohibited and is subject to all applicable federal, state, and local laws and regulations. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.

By participating in this Program, Participant each agree to be bound by (i) the Media Temple program rules; (ii) the decisions of Media Temple, which are final with respect to all matters relating to the Program; and (iii) Media Temple’s Privacy Policy.

7. VERIFICATION

Partner must notify the Program Manager upon referring referred customer in order to receive the Reward. Referrals are subject to verification at Media Temple’s sole discretion. Media Temple reserves the right to disqualify any individual found to be in violation of this Agreement. Any attempt to deliberately interfere with the rules set forth in this Agreement, damage any website or undermine the administration, security or legitimate operation of the Program, is a violation of criminal and civil laws, and Media Temple reserves the right to seek damages and/or other relief (including attorneys’ fees) from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying participants from this and future programs of Media Temple.

8. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not in any way be utilized 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.

9. ENGLISH LANGUAGE CONTROLS

This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.

10. DEFINITIONS; CONFLICTS

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

Appendix (Qualifying Products & Services):

Each eligible product must satisfy the minimum qualifying term before partnership credit is assigned to the partner account.



Net New Product*

Qualifying Term

Eligible?

Managed AWS

3 full billing cycles (full one-time + 3 months of support + 3 months of usage payments)

Yes

Managed AWS (Project-Based)

1 full billing cycle (full one-time + 1 month of usage payment)

Yes

MT Account Management

3 months

Yes

Managed WordPress Personal

3 months

Yes

Managed WordPress Pro

3 months

Yes

Grid Personal

3 months

Yes

Grid Pro

3 months

Yes

Grid Elite

3 months

Yes

Self Managed VPS 1

3 months

Yes

Self Managed VPS 2

3 months

Yes

Self Managed VPS 3

3 months

Yes

Self Managed VPS 4

3 months

Yes

Self Managed VPS 5

3 months

Yes

Self Managed VPS 6

3 months

Yes

Managed VPS 1

3 months

Yes

Managed VPS 2

3 months

Yes

Managed VPS 3

3 months

Yes

Managed VPS 4

3 months

Yes

Managed VPS 5

3 months

Yes

Managed VPS 6

3 months

Yes

Fully Managed VPS 1

3 months

Yes

Fully Managed VPS 2

Monthly

Yes

Fully Managed VPS 3

Monthly

Yes

Fully Managed VPS 4

Monthly

Yes

Fully Managed VPS 5

3 months

Yes

Fully Managed VPS 6

3 months

Yes

Self-Managed Dedicated Server

3 months

Yes

Managed Dedicated Server

3 months

Yes

Fully Managed Dedicated Server

3 months

Yes

CloudTech Essential

N/A

No

CloudTech Essential+

N/A

No

CloudTech Service (a la carte)

N/A

No

SiteMover

N/A

No

Security Pack

N/A

No

Premium Security Pack

N/A

No

SSL Certificate

N/A

No

CDN & WAF

N/A

No

G Suite

N/A

No

Domains

N/A

No



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