Domain Registration Reseller Agreement
This Domain Registration Reseller Agreement (hereinafter referred to as the "Agreement") is made, entered into and executed on the date on which you electronically consent to the Agreement (hereinafter referred to as the "Effective Date"),
Domain.com, LLC, HostYourSite's registrar, (hereinafter referred to as "Registrar") and you (hereinafter referred to as "Reseller"). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term "Reseller" shall refer to such entity.
Registrar and Reseller may be referred to individually as a "Party" and collectively as the "Parties."
WHEREAS Registrar provides various Registrar Services;
AND WHEREAS Reseller wishes to purchase and resell Registrar Services;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Registrar and Reseller, intending to be legally bound, hereby agree as follows:
Reseller hereby submits to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator and will be held at the AAA location in Boston, Massachusetts. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Reseller and Registrar alone. Claims may not be joined or consolidated unless agreed to in writing by all Parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Registrar in violation of this paragraph, you agree to pay Registrar's reasonable costs and attorneys' fees incurred in connection with its enforcement of this paragraph. Notwithstanding the foregoing, this paragraph shall not apply to any Party seeking solely injunctive relief, in which case the Party may seek such relief from any court of competent jurisdiction.
This file was last modified on December 11, 2018.
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