Google Services for Websites
Program Terms for Google Services for Websites
1. These Additional Terms
1.1. By participating in the Google Services for Websites Program (the "Program"), you agree to be bound by our Google Terms of Service as well as the following additional terms of service:
2. Provision of the Services
2.1. Under the Program you may offer certain Google products, services and tools to your customers which are listed at List of Services (the "Services"). You represent and warrant that all information that you provide to Google to verify that you are qualified to participate in the Program is accurate and complete.
2.2. If you qualify to participate in the Program then Google may provide you with access to certain application programming interfaces ("APIs") and an online account, such as a Google Apps account ("Program Account") (collectively, "Supporting Features"). Some of these Supporting Features and their corresponding terms of service are listed at List of Services, in addition you may encounter additional Supporting Features and their terms during your enrollment process in the Program. You agree that your use of such Supporting Features will be governed by Google's terms of service, conditions and policies that are associated with those Supporting Features.
2.3. Google may add new Services or Supporting Features to the Program, if these additions entail material changes to these Additional Terms, then Google will notify you.
2.4. Google is not obligated to provide you or your customers with customer support. However, if you have questions regarding the Program, you may access the resources provided at FAQs or other resources that Google may provide you from time to time.
2.5. As part of your participation in the Program, Google will provide your customers with accounts that permit them to use the Services ("Customer Accounts"). You may only request as many Customer Accounts from Google as you reasonably believe that you require for your existing or anticipated customers. If you require additional accounts, you must request them through your Program Account. In the course of their interactions with Google, your customers may also create other accounts not related to the Program, these other accounts are not part of the Program or your relationship with your customers.
2.6. You and/or your customers may provide data and information to Google, including registration data, names, email addresses, other addresses, contact information and other identifying information ("User Data"). You agree to maintain User Data in accordance with all applicable laws, regulations and ordinances. Google may, during and after the term, use any information and/or data, including User Data, directly collected by Google or provided by your customers to Google in a manner consistent with Google's Privacy Policy. You also agree that your customers will retain any intellectual property rights in content they disseminate through the Services and may license those rights to you only to the limited extent necessary for your provision of the Services.
2.7. You shall, if requested by Google, set up test sites and test accounts which allow both you and Google to debug and test your integration of the Program with your own services and your provision of the Program to your customers (collectively, your "Program Integration"). In the event that your initial Program Integration is not successful, does not comply with the applicable API specifications, or fails to function properly, then you agree that, until such issues have been resolved, you shall not begin to offer the Services to your customers or display the Google Services for Websites Brand Features (the "Google Services for Websites Brand Features" are described below in paragraph 4, "Using Google's Services for Websites Brand Features").
In the event that your initial Program Integration is successful, but such integration later fails to function properly or comply with the applicable API specifications, then you shall make commercially reasonable efforts to immediately display a message to your customers indicating that the service is unavailable and you shall disable and gray out the Google Services for Websites Brand Features. If your Program Integration fails to function properly for more than 72 (seventy-two) hours, then you agree that you will make commercially reasonable efforts to remove all Google Services for Websites Brand Features from your website and that you will cease offering the Services to your customers until such issues have been resolved.
3. Offering the Google Services for Websites to Your Customers
3.1 Within thirty (30) days of your successful completion of your Program Integration, you shall begin offering your new customers an opportunity to opt-in to at least one of the Services during their initial sign-up for your own services. You may also, consistent with applicable laws, contact your pre-existing customers using Google's Approved Messaging Guidelines (see below) and offer them the opportunity to opt-in to the Services via your website. In no event may you automatically create accounts for customers that have not opted-in as described above.
Such sign-up opportunity to the Services shall at a minimum (a) guide the user in creating a Google Apps account and require the user to view and click-to-accept the associated terms of service at http://www.google.com/a/help/intl/en/users/terms.html and (b) inform the customer that their User Data will be treated in compliance with your and Google's respective privacy policies and (c) require the customer to view and click-to-accept the user terms of service associated with the Service(s) for which your customer is signing up ("User Terms of Service"). These User Terms of Service are located or linked to within the List of Services.
3.2. Your provision of the Program must provide your customers with the following features: (a) automatic account creation (provided that your customers have opted-in and have the ability to opt-out as described in 3.4 below), (b) automatic site verification and (c) single sign-on to the relevant Service (where single sign-on is supported), which shall be initiated when your customers click on the relevant Service Icon (the "Service Icons" are described in Section 4.1 below, "Using Google's Services for Websites Brand Features")
3.3. Custom Search Engine Specific Terms. You may distribute Custom Search Engine to your customers either by implementing Custom Search on behalf of your customers or providing your customers the means to implement Custom Search directly. If you provide Custom Search to your Customers, then you agree to the Custom Search Terms of Service for partners which you may find under the List of Services; provided that the following modifications to the Custom Search Terms of Service shall apply to you: (a) notwithstanding anything to the contrary in the Custom Search Terms of Service, you have the right to distribute Custom Search Service to your customers in a manner that is consistent with these Additional Terms; (b) obligations relating to forwarding or providing End User queries to Google apply only if your implementation of CSE involves you receiving or hosting queries on behalf of your customers; (c) terms relating to Metadata are only applicable to you to the extent that you generate Metadata in your own implementations of CSE. You agree that customers for whom you implement Custom Search will retain all rights to their Metadata; (d) the modifications in (a)-(c) above shall apply to you; however, as described above in Section 3.1, your customers must view and click-to-accept the unmodified Custom Search User Terms of Service, which are provided in customer section of the List of Services.
3.4. You shall ensure that any customer who has opted into a Service is at any time able to opt out. You shall take all reasonable measures to help any customer that opts out of a service to obtain any data associated with their account that was automatically created for the customer at your site and at the supporting Google services.
3.5. Approved Messaging. You may publish a press release, release an announcement email and generally communicate to your customers regarding the availability of the Program on your website. However, all such communications must conform to applicable laws and the Program Messaging Guidelines (and any updates or changes thereto) which Google shall provide to you and/or post at http://www.google.com/webmasters/provider/guidelines.html ("Approved Messaging Guidelines"). The Program Messaging Guidelines include Product Messaging Guidelines, which contain language and phrases that you may use in promoting the products ("Product Messaging"). You must use the Product Messaging as it is provided and you may not translate Program Messaging into a different language from that provided by Google.
3.6. No Fees. You shall not charge your customers any fees to access or use the Services. For the avoidance of doubt, you must generally offer the Services to your customers and you may not offer the Services in connection with up-sells or upgraded versions of your own products. However, Google may, as a feature of the Service, may provide permit customers to upgrade the Services and you are obligated to provide such upgrade opportunities to your customers.
3.7. FAQ and Support. You shall provide to your customers an easily accessible webpage, blog or notice that informs your customers that questions regarding the Services should be addressed directly to you and not to Google. However, as part of your provision of support to your customers, you may refer your customers to the Google Services for Websites Help Center at http://www.google.com/support/webmasters/providers/FAQ
4. Using Google's Services for Websites Brand Features
4.1. As part of your participation in the Program, Google may provide you with brand features such as a badge to indicate your participation in the Program (the "Google Services for Websites Badge") and icons for you to display on your control panel, which your customers must click in order to access the Services (the "Services Icons") (collectively the "Google Services for Websites Brand Features"). The Google Services for Websites Brand Features are some of Google's "Brand Features". Google's "Brand Features" collectively means the trade names, icons, trademarks, service marks, logos, domain names and other distinctive brand features of Google.
4.2. If you are authorized to participate in the Program, then Google grants you, subject to this Program Policy, a non-exclusive, non-transferable, non-sublicenseable license to use the Google Services for Websites Brand Features. You may use the Google Services for Websites Brand Features solely on your website and in your marketing materials. Your use of the Google Services Websites Brand Features must conform to the Google Services for Websites Brand Use Guidelines posted at http://www.google.com/webmasters/provider/guidelines.html and Google's general brand guidelines posted at http://www.google.com/permissions/guidelines.html.
4.3. Except as expressly set forth above, neither this Program Policy nor the Program grant you any rights to any Brand Features. Google may withdraw any license to the Google Services for Websites Brand Features, the ability to identify yourself as a Program participant, or any other Brand Features, at any time for any or no reason. You may not and shall not permit a third party to (a) alter Brand Features in any way at any time (for example, changing color or size) without Google's prior written permission or (b) display Brand Features on, or associate Brand Features with, any adult, hate related, violent or illegal content or (c) display any Google Brand Features for any other purpose than that for which they have been provided to you. Goodwill in the Brand Features will inure only to Google's benefit and you obtain no rights with respect to any of them. You irrevocably assign and must assign to Google any right, title and interest that you obtain in any of Google's Brand Features. You must not at any time challenge or assist others to challenge Brand Features or their registration or attempt to register any trademarks, service marks or trade names confusingly similar to Google's. This paragraph survives any termination or expiration of these terms.
4.4. You agree that Google may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your participation in the Program.
5. General Restrictions
5.1. You will take reasonable measures to identify misuse of any of the Services by your customers and respond in a timely manner to requests from Google to discontinue Services to your customers who are misusing the Services.
5.2. Google Web Pages. You may not (a) "frame", minimize, remove or otherwise inhibit the full and complete display of any Google web page that is intended by Google to be displayed to your customers as part of your participation in the Program or (b) display the Google web pages in a distorted or diluted fashion.
March 24, 2009