You agree that you when engaging in marketing practices for the express purpose of promoting Web.com services that you will not infringe on any Web.com marks and you will conduct all marketing activities in a fair, ethical, and legal manner.Except as otherwise set forth herein, we will make Payouts as defined in Master Campaign Agreement on the revenue actually received from new sale transactions by new and existing customers AND for unique visitors to the web hosting landing page of Web.com Group, Inc., or any of its subsidiaries and /or brands (collectively “Web.com”), less any refunds, rebates, returned checks, fraudulent transactions and credit card charge backs of Web.com services from customers who (a) access the Web.com site through the use of the Web.com links in your site and/or your marketing channels; (b) makes purchase of Web.com services on the Web.com site storefront, and (c) remits full payment to Web.com for the services purchased. You shall hold harmless Web.com and its officers, directors, affiliates, employees, and agents from and against any monies owed or due, expenses (including reasonable attorney’s fees), damages, losses, claims, suits or liability in connection with non-payment to You of compensation due hereunder from Web.com, once Impact Radius has received funds from Web.com for further payment to You. Therefore, You shall look solely to Impact Radius for any payments due or owed, expenses, damages, losses, claims or liability hereunder. In the event of any conflict between this provision and any other provisions, documents or terms of this Agreement or any agreement or terms related hereto this provision shall take precedent. This provision shall survive termination. You acknowledge and agree that: a) You will not make any representations and warranties about the Web.com services; b) Web.com hereby grants to you, and you hereby accept, a non-exclusive, revocable, worldwide, nontransferable, non-sublicensable, royalty free license to use, reproduce, publicly display, transmit, market, promote, and broadcast the licensed content for the sole purpose of promoting Web.com services and the program as described in this agreement, subject to any style guide or instructions regarding the use or display of the licensed content as Web.com may provide from time to time. You may not alter, modify or change the licensed content without our prior written consent; c) When marketing Web.com’s products and/or services, you must be able to show or prove to Web.com that you are marketing Web.com’s services in a manner that we
deem acceptable. Manners that are not acceptable to market our products and services include, but are not limited to, using adware, spyware, browser helper objects [bho], hijackers, viruses, and Trojans; d) Should you register domains for the purpose of promoting Web.com services, that you (i) will not register any Web.com mark, any character string that is identical or similar to (including misspellings of) any Web.com
mark. Also, you (i) will not register any domains similar to (including misspellings of) those registered domains that are used by Web.com for marketing or operational programs. For example, registering a "fat-finger" variation of a Web.com registered domain name, in order to capture someone who mistypes the intended domain name, and direct that traffic to Web.com with your affiliate tag is a prohibited practice; e) You
will cooperate fully with us in order for you to interface properly with the Web.com site. You agree to improve and update your interface connection which hosts the Web.com links no less frequently than every nine (9) months, or within seven (7) days of a written request by Web.com in order to maintain an optimum linking connection. You further acknowledge and agree that Web.com and Impact Radius are not responsible for Payouts as defined in Electronic Insertion Order on sales that it is unable to track as a result of your failure to update your interface connection; f) Web.com and Impact Radius are not responsible for payouts as defined in Electronic Insertion Order
You agree that should you register keywords for paid-inclusion, cost-per-click (CPC) search engine listings for the express purpose of promoting Web.com services, that you (i) will not register any Web.com mark, any character string that is identical or similar to (including misspellings of) any Web.com mark, a complete list of such marks is available upon request to affiliatehelp@web.com, (ii) will not position yourself in any ad associated with any such keywords as an official, authorized, certified or sponsored Web.com site, and (iii) will include a prominent reference identifying yourself as a member of the affiliate program.You agree to comply with all Federal, State and local laws governing the practice of e-mail marketing (including, but not limited to the CAN-SPAM Act). Web.com does not condone "spamming" activity. Should you market Web.com services to your customers via e-mail marketing, you are obligated to abide by all laws, and industry best practices including, but not limited to, providing customers with the ability to opt-out of further marketing communications. Further, you agree that should you include Web.com services in any e-mail marketing campaign, you will include the following disclaimer on each such single-subject or multi-subject e-mail: "This e-mail was not sent by or on behalf of Web.com Group, Inc. and Web.com shall not be responsible or liable to any party for its content or method of distribution."