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Partner Application
Step 1: Submit your application
Username
The username, together with the password that will be emailed to you, will serve as your access to Registrar services. Username must have 6 - 8 characters. Characters allowed are [a-z] [A-Z] and [0-9].
Company Name
enter your name if you don't belong to an organization
Authorized Representative
Business Address
Bank Account Number
This will be used by registrants when paying for the domain.
E-mail
URL
http://
Nature of Business
Telephone Number
(Country Code - Area Code - Telephone Number)
e.g. +64-4-6372104
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Fax Number (optional)
(Country Code - Area Code - Fax Number)
e.g. +64-4-6327319
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Partner Agreement
INTERNATIONAL INTERNET REGISTRATION SERVICES AGREEMENT This Agreement ("Agreement") is entered into by and between you (the "Reseller") and its affiliates, subsidiaries and assignees and mySRS ("mySRS"), through their authorized representatives, and takes effect on the date of execution by the final party (the "Effective Date"). Whereas, the Reseller's objective, through this Agreement, is to enhance its service offerings. Whereas, mySRS is a Registrar of sub-domains of the NZ country code top level domains (the "Domain/s") and has established a Domain Registration Service (the "Service") for accomplishing such registrations on the Internet; Whereas, by this Agreement, mySRS offers its Service to the Reseller, including access to the mySRS Domain Server and to mySRS Confidential Information to facilitate registration; Whereas, this domain service agreement ("Service Agreement" or "Agreement") is submitted to mySRS("mySRS") for the purpose of applying for and registering a sub-domain of the NZ country-code top level domain ("Domain") on the Internet. If this Service Agreement is accepted by mySRS, the Service Fee is paid to mySRS, its re-seller or other authorized party, and a Domain is registered in mySRS's domain name database and assigned to the Nameholder, Nameholder ("Nameholder") agrees to be bound by the terms of this Service Agreement and the terms of mySRS's Policies ("mySRS Policies") which exist now or in the future may be published by mySRS at mySRS's web site at http://www.mysrs.co.nz ("mySRS's Site"). mySRS may modify this Agreement and mySRS Policies from time to time, and will post at the top of the particular document the last date upon which it was modified and the date of effectivity. mySRS is responsible for publishing mySRS Policies applicable to its Nameholders on mySRS's Site. Nameholder is solely responsible for reviewing the mySRS Policies on a regular basis, as the updated mySRS Policies are effective thirty (30) calendar days after the initial date of posting of such revisions or modification on mySRS's Site. mySRS Policies, which Nameholder acknowledges and understands may be changed or modified by mySRS from time to time, are incorporated into this Agreement by this reference. By Nameholder's use of its Domain following the effective date of any revision of mySRS Policies, Nameholder agrees to be bound by such revisions to mySRS Policies. In the event Nameholder does not wish to be bound by the updated mySRS Policies, Nameholder's sole remedy is to cancel its registration to the Domain by following the appropriate mySRS Policies regarding such cancellation. Now, Therefore, for and in consideration of the foregoing recitals, the parties have hereunto agreed as follows: 1. DEFINITIONS 1.1 "Confidential Information" means any information disclosed by either party to the other party, either directly or indirectly, in writing, electronically, orally or by inspection of tangible objects and includes information relating to either party's product plans, designs, protocols, products, know-how, processes, costs, prices, finances, marketing plans, business opportunities, personnel, research and development. The Reseller agrees that mySRS's databases, the customer data collected and aggregated by mySRS through the Domain registration process, and all mySRS processes and protocols provided by mySRS under this Agreement are the Confidential Information of mySRS. "Confidential Information" shall not include information that (i) is or enters the public domain through no fault of the receiving party; (ii) is known and has been reduced to tangible form by the receiving party prior to the time of disclosure and is not subject to restriction; (iii) is independently developed by the receiving party without access to or use of the Confidential Information; or (iv) is made generally available by the disclosing party without restriction on disclosure. 1.2 "Domain Server" shall mean the Internet domain name lookup server, including all hardware operating system software, application software and associated databases, or the functional equivalent, which is maintained by mySRS exclusively for facilitating the registration and look-up of Domains by mySRS's Resellers. 1.3 "Domain Registration Service" (the "Service") shall mean mySRS's service offering to mySRS's Reseller (the Reseller). 1.4 "mySRS Policies" shall refer to the policies appearing in mySRS's website, as may be modified by mySRS from time to time. 1.5 "Domain" or "Domains" shall mean and include all sub-domains of the NZ country code top level domain. 2. DEVELOPMENT AND DELIVERY 2.1 mySRS Development. mySRS shall, at mySRS's sole expense, provide the Reseller with access to the Domain Server and certain mySRS Confidential Information. mySRS shall also provide e-mail support to facilitate the integration of the Service with the Reseller's service offerings. 2.2 Reseller Development. The Reseller shall, at the Reseller's sole expense, integrate the Reseller software, website, system and/or processes to enable access, lookups, on-line registration and general access to mySRS's Domain Server. 2.3 Registrant Agreement. Reseller agrees that all domains registered through mySRS are covered by the MySRS Registrant Agreement. Reseller must make said agreement available on its website and clients who register domains through mySRS must electronically sign said agreement by clicking on the “I Agree” box provided. 3. RIGHTS 3.1 Ownership. mySRS shall retain all right, title and interest in and to the Domain Server, including any and all modifications to the Domain Server, and mySRS's Confidential Information and shall not be obligated to pay to the Reseller any royalties or other consideration mySRS may receive for any licenses, assignments, sales, leases, or other transfers or distribution of mySRS's Confidential Information. The Reseller shall retain all right, title and interest in and to the Reseller service offerings and/or modification of its software, website systems and processes and shall not be obligated to pay to mySRS any royalties or other consideration it may receive for any licenses, assignments, sales, leases, or other transfers or distribution of the Reseller software, systems and/or processes. 3.2 Right to Use the Domain Server. Subject to the terms and conditions contained herein, mySRS hereby grants to the Reseller and the Reseller accepts a non-exclusive, non-transferable, limited right to use mySRS's Domain Server, including all improvements, enhancements, modifications, revisions and updates thereto (whether created by mySRS, the Reseller or any third party), and mySRS's Confidential Information provided under this Agreement solely for the purpose of registration through mySRS's Reseller Program and no other purpose. The Reseller understands that this Agreement does not convey title to or ownership of mySRS's Domain Server and mySRS's Confidential Information as provided herein. As between mySRS and the Reseller, mySRS shall continue to own the Domain Server and mySRS's Confidential Information, including all trade secrets, copyrights, patents and other proprietary rights therein and any and all modifications thereto, whether created by mySRS, the Reseller or any third party. Other terms and conditions concerning the use of or access to mySRS's Domain Server shall be embodied in mySRS's Policies. 3.3 Use Limitations. The rights granted in Paragraph 3.2 above is subject to certain limits to the Reseller's use of mySRS's Domain Server and mySRS's Confidential Information, including, without limitation, each of the following: (A) Distribution. The Reseller agrees that it shall not, except as expressly provided herein, sublicense, license, rent, sell, loan, give or otherwise distribute all or any part of mySRS's Confidential Information (as defined in 1.1 above) or any derivative works based upon mySRS's Confidential Information, to any third party, unless approved in advance and in writing by mySRS. (B) Access. The Reseller will restrict access to the Domain Server and mySRS's Confidential Information to its employees who are required to have access to the Domain Server or to mySRS's Confidential Information in connection with the performance of their duties for the Reseller in connection with this Agreement, and who are bound by written agreements containing obligations of confidentiality and appropriate works-for-hire language regarding the Reseller ownership of all inventions, discoveries and copyrightable works created by such employees. (C) Copies. The Reseller agrees that all data contained on mySRS's Domain Server is the Confidential Information of mySRS and that, except as provided in Paragraph 3.2 above, the Reseller shall not copy the data contained therein, or any other Confidential Information, in whole or in part, without the prior written consent of mySRS. (D) Proprietary Notices. The Reseller shall not alter, remove or conceal any copyright, patent, trade secret or other confidential/proprietary rights notices that may appear on or within the Domain Server, related documents or mySRS's Confidential Information. 3.4 Attribution. During the term of this Agreement, each party agrees to attribute to and acknowledge the other party's contribution to this Agreement and all trademark copyrights and other ownership rights. 3.5 Exclusivity. During the term of this Agreement, the Reseller shall not register NZ country code top-level domains through any Reseller other than mySRS. 4. SUPPORT AND COMPATIBILITY 4.1 Support. The Reseller shall provide its customers with end-user support for the registration of Domains at the Reseller's sole expense. For the term of this agreement, mySRS shall provide, at no cost to the Reseller, operational support to the Reseller for problems determined to be outside of and beyond the Reseller registration process and determined to be attributable to mySRS ‘s Domain Server. 4.2 Compatibility. mySRS further agrees to notify the Reseller of any change to the Domain Server that affects integration with the Reseller's website. 5. MARKETING 5.1 Press Release. The parties agree to cooperate with each other in a joint press release following the execution of this Agreement. Both parties shall agree upon the content, timing and necessity of all such press releases. 5.2 Use of mySRS Logo. For the term of this Agreement, mySRS hereby grants to the Reseller and the Reseller accepts a limited, non-exclusive, non-transferable right to use and display, on its web site wherein it offers its web hosting, web design or related services, the mySRS logo designated by mySRS, for the sole purpose of identifying it as a member of mySRS's Reseller Program. mySRS will provide the Reseller with electronic versions of the mySRS logo and trademark for the Reseller's use. All representations of the mySRS logo and trademark that the Reseller uses will be exact copies of those provided by mySRS. mySRS reserves the right to designate or change the mySRS logo and the Reseller's compliance with this provision shall commence upon receipt of notice from mySRS. 6. PAYMENT PROVISIONS 6.1 Effectivity of Registration. Unless otherwise provided herein or in mySRS's policies, the registration of Domains shall be effective upon registration of Reseller through the Reseller login. In the event the Reseller fails to pay for domains registered on the agreed period of time, the names will be terminated and be made available again. 7. CONFIDENTIALITY 7.1 Non-disclosure. Each party shall protect the other party's Confidential Information from unauthorized dissemination and use, with the same degree of care that such party uses to protect its own like information, but in no event less than reasonable care. Neither party will use the other party's Confidential Information for purposes other than those necessary to directly further the purposes of this Agreement. Neither party will disclose to third parties the other party's Confidential Information without the prior written consent of the other party. The Reseller further agrees not to use mySRS's Confidential Information in connection with the operation of a Reseller or registry of Domains. Except as expressly provided in this Agreement, no license or other rights are granted in any Confidential Information received by a party under this Agreement. Both parties acknowledge that the restrictions relating to Confidential Information contained in this Agreement are reasonable and necessary to protect their legitimate interests and that violation of these restrictions will cause irreparable damage to the other party and each party agrees that the other party will be entitled to injunctive relief against each violation. 7.2 Development Rights. The parties' obligations of confidentiality under this Agreement shall not be construed to limit either party's right to independently develop or acquire products without the use of the other party's Confidential Information. 8. WARRANTIES AND REPRESENTATIONS 8.1 The Reseller. The Reseller hereby warrants and represents that (i) it has all requisite corporate power and corporate authority to execute, deliver and perform its obligations under this Agreement; (ii) the execution, performance and delivery of this Agreement has been duly authorized by the Reseller; and (iii) no approval, authorization, registration, filing, consent or other action of any governmental, quasi-governmental or regulatory authority in the Reseller's country is required or necessary to be obtained, taken or made by the Reseller or mySRS in order for either of the parties to enter into and perform its obligations under this Agreement or for this Agreement to be fully valid and enforceable against the Reseller and mySRS according to the terms and conditions set forth herein. 8.2 mySRS. mySRS hereby warrants and represents that (i) it has all requisite corporate power and corporate authority to execute, deliver and perform its obligations under this Agreement; (ii) the execution, performance and delivery of this Agreement has been duly authorized by mySRS; and (iii) no approval, authorization or consent of any governmental authority in the New Zealand is required to be obtained or made by mySRS in order for it to enter into and perform its obligations under this Agreement. 9. LIMITATION OF LIABILITY DAMAGES. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOSS OF DATA, OR USE OF EQUIPMENT. 10. NOTIFICATION Notices. All notices and requests in connection with this Agreement shall be deemed given as of the day they are received either by fax, messenger, delivery service, or mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: To mySRS: mySRS Attention: Jose Emmanuel Disini Phone: (632) 637-2104/05 Fax: (632) 632-7319 Copy to: General Counsel Fax: (632) 722-2167 To the Reseller: Attention: Phone: Fax: Copy to: Fax: 11. NON-EXCLUSIVITY 11.1 Non-exclusivity. Except as otherwise provided herein, the parties agree and hereby acknowledge that no promises or understandings of exclusivity have been made to induce either party to execute this Agreement. The Reseller may contract with, and apply the Reseller software, website, systems and/or processes to other Internet registries or registrars. mySRS may contract with and apply the Domain Registration Service and mySRS's Confidential Information to other Internet and On-Line Service Providers. 11.2 Preference. the Reseller hereby agrees that mySRS's Service and associated linkages, pointers and references used by the Reseller for registration of Domains will appear in the same or equally prominent position as the registry or registrar of other country code TLD or other global TLDs in all the Reseller products and services which offer access to domain name registration services for the Internet. In addition, the Reseller shall place the mySRS logo in its home page and shall maintain an active hyperlink to the mySRS official website. 12. TERMINATION 12.1 Term. The term of this Agreement shall commence as of _________ and shall continue for a period of three (3) years or until terminated as provided in this Section. 12.2 Termination For Cause. Either party may suspend performance and/or terminate this Agreement immediately upon written notice at any time if: (a) the other party is in material breach of any material warranty, term, condition or covenant of this Agreement, other than those contained in Section 8, and fails to cure that breach within thirty (30) days after written notice thereof; or (b) the other party is in material breach of Section 8. 12.3 Termination For Convenience. Either party may terminate this Agreement at any time, without cause, upon thirty (30) days' prior written notice to the other party. 12.4 Effect of Termination. In the event of termination of this Agreement for any reason, Sections 8, 9, 10, 11, 16, 17, and 18 shall survive. Neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms. 13. RELATIONSHIP OF THE PARTIES Nothing in this Agreement shall be construed as creating an employer-employee relationship, a partnership, or a joint venture between the parties. 14. TAXES Each party shall be responsible for and pay its own sales taxes, use taxes and any other taxes imposed by any jurisdiction as a result of (a) the entry into this Agreement; (b) the performance of any of the provisions of this Agreement; or (c) the transfer of any property, rights or any other grant hereunder. Notwithstanding the foregoing, the Reseller shall be liable for all taxes imposed upon mySRS by the taxing authority within the Reseller's jurisdiction and for this purpose, the Reseller shall not be permitted to deduct or withhold such taxes from any and all payments due to mySRS hereunder. 15. GOVERNING LAW This Agreement shall be governed by the laws of the New Zealand as though entered into between Philippine residents and to be performed entirely within the New Zealand and both the Reseller and mySRS consent to jurisdiction and venue in the courts of New Zealand. 16. ASSIGNMENT Neither party may assign this Agreement without the prior approval of the other party, which approval shall not be unreasonably withheld. This Agreement shall be binding upon and inure the benefit of each party's respective successors and lawful assignees. 17. CONSTRUCTION If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. This Agreement has been negotiated by the parties and their respective counsel and will be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party. 18. ENTIRETY This Agreement shall not be effective until signed by both parties. This Agreement, ALONG WITH THE ATTACHED mySRS RESELLER INFORMATION POLICY INCLUDING ANY AMENDMENTS OR MODIFICATIONS THAT MAY LATER BE MADE THERETO, PROVIDED THE SAME ARE PUBLISHED AND POSTED ON THE mySRS WEBSITE at http://www.mysrs.co.nz ("mySRS's Site") PURSUANT TO SEC. 1 OF THE SAID mySRS RESELLER INFORMATION POLICY, constitutes the entire agreement between parties with respect to the services and all other subject matter hereof and supersedes all prior and contemporaneous communications. IN WITHNESS WHEREOF, the parties have entered into this Agreement.
I agree to these terms and conditions.