Wix Partner Program
Terms of Use

Updated: January 10, 2024

Welcome to the Wix Partner Program (the “Partner Program”)!

1. Introduction

These Wix Partner Program Terms of Use (the “Partner Program Terms”) are a legal agreement by and between Wix.com Ltd. (together with its worldwide affiliates - “Wix” or "us" or "we") and each participant of the Partner Program (hereinafter referred to as “you” or “your” or as a “user” or “Participant”) and sets forth the terms that govern your participation in the Partner Program. As part of the Wix Services, you may also register to the Wix Studio platform, a web creation and management platform made for professionals (“Wix Studio”) or use the Editor X services (“Editor X”).

YOUR PARTICIPATION IN THE PARTNER PROGRAM IN ANY MANNER SHALL CONSTITUTE YOUR ACCEPTANCE OF THESE PARTNER PROGRAM TERMS, WHICH HEREBY INCORPORATE BY REFERENCE THE WIX TERMS OF USE, PRIVACY POLICY AND THE WIX MARKETPLACE TERMS OF USE (AS APPLICABLE) (COLLECTIVELY, THE “TERMS”), AND ACKNOWLEDGEMENT THAT YOU HAVE READ AND ACCEPTED SUCH TERMS. IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY BETWEEN THESE PARTNER PROGRAM TERMS AND THE WIX TERMS OF USE, WIX MARKETPLACE TERMS OF USE OR PRIVACY POLICY, THESE PARTNER PROGRAM TERMS SHALL PREVAIL WITH RESPECT TO SUCH CONFLICT. YOU AGREE TO REVIEW THE TERMS PERIODICALLY TO BE AWARE OF ANY MODIFICATIONS AND YOUR CONTINUED PARTICIPATION IN THE PARTNER PROGRAM, INCLUDING, BUT NOT LIMITED TO YOUR USE OF THE PARTNER DASHBOARD, THE WIX STUDIO WORKSPACE AND PARTNER PROGRAM BENEFITS, SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF SUCH MODIFIED TERMS. CAPITALIZED TERMS USED HEREIN, UNLESS OTHERWISE DEFINED, SHALL HAVE THE MEANING ASCRIBED TO THEM IN THE WIX TERMS OF USE OR PRIVACY POLICY.

These Partner Program Terms were prepared and written in English, and have been translated into other languages for your convenience. In the event of any conflict between a translated (non-English) version of these Partner Program Terms and the English version of these Partner Program Terms, the language of the English version shall prevail with respect to such conflict.

2. Description of Partner Program

By enrolling and participating in the Partner Program, you may discover opportunities to optimize and scale your business through various resources and tools designed to help you meet your business needs.

2.1 Participation in the Partner Program

Agencies, freelancers and other businesses that build websites for clients may participate in the Partner Program upon request and approval by Wix, if they have an active Wix account and enroll to the Partner Program via the Wix Studio workspace in their Wix account (“Participant(s)”).

2.2 Benefits of the Partner Program

By enrolling and participating in the Partner Program, you may be eligible to access certain benefits designed to help your business scale, as such benefits are offered by Wix at https://support.wix.com/en/article/wix-studio-about-the-partner-program-levels-and-benefits as may be amended from time to time and subject to the terms set forth herein (the “Partner Benefits”).
To maintain your eligibility, you must create and purchase as a First Owner (as defined below), at least one new Wix Premium or Studio Premium Plan site starting from the date you joined the Partner Program or from January 10, 2024 if you join the Partner Program before January 10, 2024 (“Retention Conditions”) .

3. Unlocking benefits by earning points

You may access specified benefits offered by Wix through the Partner Program by earning the requisite points balance needed to reach a Partner Program Level (as set forth below). Each Partner Program Level unlocks specified benefits which are available to you as a Participant so long as you maintain the requisite points balance, subject to these Terms. Any changes to your points balance at any given time may result in a change to your Partner Program Level and therefore the benefits you are eligible to receive.

3.1 What are the Partner Program levels?

The Partner Program includes the following Partner Program Levels that can be unlocked by earning points:

Pioneer: 0-900 Points
Creator: 1000-1900 Points
Icon: 2000-4900 Points
Legend: 5000+ Points

You may access a Partner Program Level by earning the applicable points balance as set forth above. Each Partner Program Level will determine your eligibility to receive certain benefits, as such benefits are offered by Wix at https://support.wix.com/en/article/wix-studio-receiving-revenue-share, as may be amended from time to time.

Benefits accessed through the Partner Program will be reflected in the Benefits Support Article available in the “Partner Level” Section in the Wix Studio WorkSpace of your Wix account. The Partner Program, including the method of earning points, the balance of points required for each Partner Program Level, and the any and all benefits included therein, may be updated and/or modified from time to time in Wix’s sole discretion.

3.2 How are points earned?

3.2.1 Each Wix premium website built by you and added to your account will earn you 100 points. For example, a Participant with 50 live Wix premium sites added to its account will have a points balance of 5,000 points.

3.2.2 Each Wix Studio or Editor X premium website built by you and added to your account will earn you 300 points. For example, a Participant with 50 live Wix Studio or Editor X premium sites added to its account will have a points balance of 15,000 points.

3.2.3. Each Wix Studio or Editor X premium website added to your account will earn you 100 points.

3.2.4 The total number of Wix premium, Wix Studio premium or Editor X premium sites for which you have earned points will be visible in that Participant’s Wix Studio Workspace.

3.2.5 The Wix premium, Wix Studio premium or Editor X premium site added to your account will earn you points whether originally purchased under a yearly or monthly Wix plan.

3.2.6 The Wix premium, Wix Studio premium or Editor X premium site you build will earn you points whether or not originally purchased with a coupon, voucher or discount.

3.2.7. Each completion and receipt of certification by any of your team members under your account will earn your account 100 points per certification type. You will not be able to receive extra points for two certifications of the same kind.

3.2.8 Points for Wix premium or Editor X premium sites built through your own Wix account, points for Wix premium or Wix Studio premium or Editor X premium sites you contributed to building, outside your own Wix account, and points for completions of certifications will be credited to your Wix account automatically upon Wix’s receipt of payment for the Wix premium, Wix Studio premium or Editor X premium plan purchased in connection with the relevant site.

You will not be able to receive points for any Wix premium, Wix Studio premium or Editor X premium site you did not contribute to building. Note that in order to be eligible to receive Revenue Share on a particular site, you must be the first owner of that site, as detailed below.

Wix may decide at its sole discretion that you will lose points for every Wix premium, Wix Studio premium or Editor X premium site that is not renewed or is otherwise canceled. For example, if one of your premium sites is not renewed or is canceled, Wix may reduce your points balance by 100 points, as detailed below.

3.2.9 You may be eligible to earn points through Partner Deals: Subject to the terms and conditions set forth herein, Participants who purchased activation vouchers for premium plans from Wix pursuant to an approved and executed Bulk Purchase or Subscriptions and Services Order, as applicable (each a “Partner Deal”) through our Partner Team, may receive the points earned for these purchased premium sites, so long as the premium sites purchased as part of a Partner Deal were activated and made live using the activation vouchers. Please note that sites purchased through Partner Deals are not eligible for Revenue Share.

3.2.10 Points have no cash value and are non-transferable, non-assignable and cannot be redeemed for any Wix products or services.

3.3 What happens If my points balance goes down?

3.3.1 At any given time, your points balance may change, impacting your Partner Program Level. Any increase or decrease to your points balance may cause you to drop or rise to a new Partner Program Level, and therefore gain or lose any benefits associated with your prior Partner Program Level.

3.3.2 Changes to your points balance may also impact your eligibility to participate in and use the Wix Marketplace. If a decrease in your points balance causes you to drop to a Partner Program Level that does not include Wix Marketplace access as a benefit, you will lose access to the Wix Marketplace. In such case, you will not lose any referrals you were provided through the Wix Marketplace prior to losing Wix Marketplace access; however, you will not be provided any additional or new referrals unless and until you earn the requisite points needed to unlock Wix Marketplace access again. Your eligibility for and use of the Wix Marketplace is at all times governed by the Wix Marketplace Terms of Use, as may be amended from time to time.

4. Where can I view my current points balance or Partner Program Level?

You can view your current points balance and Partner Program Level through hovering on the side bar of your Wix Studio Workspace when using Wix Studio, in your Wix account

Note that certain benefits included in specified Partner Program may differ, and may be subject to additional terms and conditions, including but not limited to the Wix Marketplace. By joining and using the Wix Marketplace you agree to the Wix Marketplace Terms of Use.

5. Wix Marketplace Access

Participants that are Partners with Icon and Legend Levels may also be eligible to apply to participate in the Wix Marketplace, providing them an opportunity to scale their business by being matched with Wix users as potential clients. Following a Participant’s application to the Wix Marketplace, eligibility and approval to participate is governed by the Wix Marketplace Terms of Use. By applying, participating and using the Wix Marketplace, Participants agree to the Wix Marketplace Terms of Use.

6. Revenue Share

Participants may also become eligible to earn Revenue Share from Wix for revenue generated from the purchase of Wix Premium Plans, and/or Wix Specific Plans (both as defined below and all together the “Wix Plans”) and/or from Sites Generated Net Processing Volume Revenue Share (also known as the “Revenue Share From Clients”) owned by the Participant while enrolled in the Partner Program, subject to the terms set forth below (the “Revenue Share”). Note that additional terms may apply for Revenue Share for Enterprise Plans, as detailed here.

6.1. Eligibility for Revenue Share

A Participant may become eligible to earn Revenue Share as set forth hereafter (each an “Eligible Participant”):

6.1.1 In order to be an Eligible Participant to the Revenue Share of Wix Premium Plans, you should cumulatively:

Have reached the Legend Level of the Partner Program;
Create, be the First Owner of the Eligible Site (both as defined below) and purchase one of Wix Premium Plans for the Eligible Site ;
Generate and purchase at least one new Wix Premium or Studio Premium Plan every year starting from the date you joined the Partner Program or starting January 10, 2024 if you joined the Partner Program before January 10, 2024; and
Connect a payment method in the Revenue Share Tab of your Wix Studio Workspace in accordance with the provisions of Section 6.3 of these Terms.

6.1.2 In order to be an Eligible Participant to the Revenue Share on Specific Plans, you should cumulatively:

Create the Wix Premium site and be the First Owner of the Eligible Site (both as defined below);
Generate and purchase at least one new Wix Premium and Wix Studio Premium Plan every year starting from the date you joined the Partner Program or starting January 10, 2024 if you joined the Program before January 10, 2024; and
Connect a payment method in the Revenue Share Tab of your Wix Studio Workspace in accordance with the provisions of Section 6.3 of these Terms.

6.1.3. You may be qualified as an Eligible Participant to earn Revenue Share for Enterprise Plans, as detailed here.

6.1.4 In order to be qualified as an Eligible Participant to earn Revenue Share from Client Sales, you should cumulatively:

Create and be the First Owner of the Eligible Site (both as defined below);
Generate and purchase at least one new Wix Premium or Wix Studio Premium Plan every year starting from the date you joined the Partner Program or starting January 10, 2024 if you joined the Program before January 10, 2024; and
Connect a payment method in the Revenue Share Tab of your Wix Studio Workspace in accordance with the provisions of Section 6.3 of these Terms.

You may lose your status as an Eligible Participant, and therefore your eligibility to earn or receive Revenue Share, in the event you became eligible for Revenue Share as set forth herein: (a) if a decrease in your points balance causes you to drop to a Partner Program Level that is below the “Legend” Partner Program Level when applicable; and/or (b) in the event you stopped being eligible for Revenue Share upon the expiration or termination of your Partner Package Agreement (as applicable) and/or (c) if you stop meeting the conditions of an Eligible Participant as defined Section 6.1 of these Terms .

Wix does not guarantee that Revenue Share will be available in any particular location or language.

6.2 Calculation of Revenue Share

6.2.1 Calculation of Revenue Share on Wix Premium and Specific Plans

Wix will pay each Eligible Participant a percentage of the Eligible Revenue (as that term is defined below) received by Wix from the original purchase of a Wix Premium Plan or Specific Plans (as defined below) within the Eligibility Period as defined for each Wix Plan below, provided that the Eligible Participant is the First Owner of that Eligible Site as of the date of its initial creation (hereinafter, the “First Owner”). The Revenue share rate will depend on the type of Wix Plans sold or the type of revenue it applies to, as set forth hereafter:

Revenue Share shall only be paid for Wix Premium or Specific Plans which were purchased for the then-current full price as offered by Wix on the Wix website or eligible 50%-off sales offered by Wix to all users (“Eligible Sales”).

“Eligible Revenue” shall mean actual revenue generated by Wix from the purchase of an Eligible Site within the Eligibility Period, excluding any and all taxes, currency exchange rates and other governmental charges of any kind that may be imposed; hosting fees; third party fees; refunds or rebates; billing or processing fees; and amounts paid by Wix in connection with the reselling by Wix of any features included in any Eligible Site.

In some cases, an Eligible Participant who is also the First Owner of an Eligible Site will continue to earn Revenue Share if such Eligible Site has been transferred to a client or third party or if an Eligible Site they created is upgraded to a Yearly, 2 Year, or 3 Year Wix Plan.

6.2.2. Calculation of Revenue Share from Client Sales

Wix will pay each Eligible Participant a percentage of the Aggregated Eligible Sites Generated Net Processing Volume Revenue (as that term is defined below) generated by all Eligible Sites of an Eligible Participant’s Partner’s Account within the Site Net Processing Volume Revenue Share Eligibility Period as defined below, provided that the Eligible Participant is the First Owner of that Eligible Site as of the date of its initial creation (hereinafter, the “First Owner”) and provided that the Sites Net Processing Volume is processed with Wix Payments in the relevant territories.

"Aggregated Eligible Sites Generated Net Processing Volume Revenue “ shall means all revenues generated from online transactions processed through Wix Payments when connected to an Eligible Site minus all refunds and chargebacks, cancellations, reversals, currency exchange rates and other governmental charges of any kind, billing fees, hosting fees, and any other fines and fees relevant to such transactions (if imposed by the payment networks, acquirer, payment processor or payment provider), whether such charges occurred or were imposed before or after Calculation Date or Payment Date.

6.2.3 General Terms for Revenue Share Calculation

“Eligible Sites” shall not include:

(a) any Site’s Wix Plans added to the Eligible Participant’s Partner account that were purchased with a discount code and/or coupon, with the exception of Eligible Sales.

(b) any Site’s Wix Plans premium Sites added to the Eligible Participant’s Partner account that were purchased in bulk as part of a Partner Deal or Bulk Deal, or another transaction in which such Eligible Sites’s Wix Plans were purchased through discount codes provided by Wix.

(c) any Site’s Wix Plans added to the Eligible Participant’s Partner account that were originally purchased on any date on which the Participant was not an Eligible Participant.

(d) any Site’s Wix Plans added to the Eligible Participant’s Partner account that have a subscription period of less than one year except when specified otherwise.

(e) any Site’s Wix Plans that are added to the Eligible Participant’s Partner account that are not active for a period of at least thirty (30) days from the date Wix received payment for the original purchase of the Sites’s Wix Plans.

(f) Except for the Revenue Share for Enterprises Plan, any Sites’s Wix Plans that are added to the Eligible Participant’s Partner account of which the Eligible Participant is not the First Owner. For avoidance of doubt, if the Eligible Participant is not the First Owner of the Eligible Sites’s Wix Plan, such Eligible Sites’s Wix Plan will not be considered an Eligible Site for purposes of calculating the Eligible Participant’s Revenue Share.

(k) For Revenue Share from Client Sales, any Site that does not process sites generated processing volume revenue with Wix Payments.

(l) For Revenue Share on Specific Plans and Yearly Wix Studio Premium Plan for 20% revenue share for non-Legend Partners and 30 % revenue share for Legends Partners, any Site created prior to January 10, 2024.

(m) any site for which the 14 days period has not been completed from the moment of the purchase of the Wix Plan.

Calculation of Revenue Share will occur on the first day of each calendar month for all Eligible Sites purchased by the Eligible Participant during the prior calendar month and for the Revenue Share from Client Sales, on the first day of each calendar month following the month in which the transactions were processed on the Eligible Site (the “Calculation Date”). Note that the calculation of revenue share for Enterprise Plans will occur after the entire payment for the purchased plans is received by Wix.
Each Eligible Participant may see its Eligible Sites, and any Revenue Share earned by the Eligible Participant in connection therewith, by viewing the Eligible Participant’s Studio Work Space.

6.3 Payment of Revenue Share

Each Eligible Participant will be paid Revenue Share on Eligible Revenue and/or Eligible Site Net Processing Volume Revenue, on a monthly basis within sixty (60) days from the Calculation Date (each, a “Payment Date”). For the Revenue Share for Enterprise Plans, the Calculation Date shall be as set forth here. For Revenue Share from Client Sales and in the event of any Deductions which were included in the calculation of the Revenue Share, for any reason whatsoever, Wix will deduct the applicable amount from the next Revenue Share due to Eligible Participant, or will have the right to invoice the Partner for such amount, which will be paid by Partner within 14 days of the issuance of such invoice. For the purpose of this Section 6.3, “Deductions” shall mean any financial loss incurred by Wix as a result of an unpaid negative balance associated with the Eligible Site.

In order to receive payment of the Revenue Share, an Eligible Participant must sign-in to Wix Studio and the Wix Studio WorkSpace. Any Revenue Share shall be paid on the Payment Date through a third party payment platform. Prior to receiving payment of Revenue Share, an Eligible Participant must connect its preferred payment account with such third party platform through the Wix Studio Workspace. Any Revenue Share accrued by an Eligible Participant prior to switching to Wix Studio will only be due once the Eligible Participant has transitioned and signed up to Wix Studio.

An Eligible Participant’s Revenue Share for the month must be equal to at least US $200.00 in order to receive payment of Revenue Share on the applicable Payment Date for such month. In the event an Eligible Participant’s Revenue Share for the month is less than US $200.00, that Eligible Participant’s Revenue Share balance for that month shall carry over and be paid out in the next month in which its balance is at least US $200.00. Note that Eligible Partners can customize their threshold to an amount higher than US $200.00, as detailed here.

Each Eligible Participant shall have the right to dispute any Revenue Share payment by providing Wix with data supporting such dispute claim within fifteen (15) days from the Payment Date. In the event a dispute claim is made, the parties shall reasonably cooperate to review and settle such dispute and, if Wix determines such dispute to be valid, in Wix’s sole discretion, Wix shall pay the Eligible Participant in an amount consistent with the parties’ settlement. If such dispute is not made by an Eligible Participant within the applicable 15-day period, the Revenue Share shall be considered accepted and Wix shall have no further liability with respect to that Revenue Share payment.

7. Partner Program Changes and Termination

Wix will be entitled at its own discretion to modify, update, suspend or terminate the Partner Program, or any portion thereof, from time to time, including, but not limited to, the Partner Benefits, and/or Revenue Share, with or without prior notice to Participants. Wix may, in its sole discretion, suspend or terminate a Participant’s membership to the Partner Program, including any Partner Benefits provided to a Participant under the Partner Program, at any time, with or without notice, if in Wix’s sole discretion Wix determines such Participant has violated the Terms, including without limitation, with respect to Participants who have multiple instances of site cancellations, are deemed to have engaged in suspicious behavior, and/or are associated with accounts with chargebacks.

VIOLATION OF ANY OF THE TERMS OR ANY DOCUMENT INCORPORATED HEREIN MAY RESULT IN THE IMMEDIATE TERMINATION OF YOUR PARTICIPATION IN THE PARTNER PROGRAM, WITH OR WITHOUT NOTICE. YOU AGREE TO PARTICIPATE IN THE PROGRAM AT YOUR OWN RISK AND EXPENSE.

8. Participant Responsibilities

8.1 Compliance with Laws

In joining and participating in the Partner Program, and using the Partner Benefits offered by Wix under the Partner Program, (a) Participant will conduct all its activities in full compliance with all applicable laws, statutes, rules, regulations and directives, including but not limited to privacy and data protection laws (including, without limitation, the TCPA, GDPR, CCPA, and other applicable data privacy regulations) (collectively, the “Applicable Laws”); (b) Participant will obtain and maintain, at its own expense, all regulatory and legal licenses and certifications, governmental or otherwise, necessary for Participant, its employees, agents and distributors to use the Partner Benefits and/or Premier Partner Benefits, and to otherwise participate in the Partner Program; and (c) Participant shall avoid deceptive, misleading or unethical practices, and not disparage Wix or its platform or any of the services or products offered by Wix in any manner.

8.2 Participant’s use of Wix Payments

In the event Participant connects Wix Payments to Participant’s Partner account in order to accept payments from Participant’s customers, Participant understands and agrees that Wix Payments can only be used to bill customers for the following approved types of services performed by the Participant: (a) Ad Setup & Email Marketing; (b) Animation, Video, Photography, 3D Modeling; (c) Brand Development; (d) Design & Development of Online/eCommerce Store, Mobile Website; (e) Graphic Design; (f) Marketing & Promoting; (g) SEO; (h) Visual Content Creation; (i) Web Analytics; (j) Web Design, UX/UI; (k) Web Development, Programming; (l) Website/Store Maintenance; and (m) Written Content & UX Texts (collectively, the “Approved Wix Payments Services for Partners”). If Participant performs any other types of services for the Participant's customers, which are not Approved Wix Payments Services for Partners, Participant must use an alternative payment provider in order to bill customers for such services. By using Wix Payments, Participants agree to the Wix Payments Terms of Service.

8.3 Access to Accounts; Roles and Permissions

Participants may grant or be granted roles and permissions to perform certain activities within Wix User Accounts, as described in Section 1.3 and 1.4 of the Wix Terms of Use, and further explained here. If a Participant grants or is granted access to a User Account, Participant undertakes to use such access with care. If anyone other than the User Account owner accesses the User Account and/or any User Platforms’ settings, and makes any changes, all such activities will be deemed to have occurred on behalf and in the name of User Account owner, whether or not specifically authorized by the User Account owner. The terms “User Account and User Platform as used herein have the meanings ascribed to them in the Wix Terms of Use.

8.4 Participant Promotional Activity

In the event that Participant engages in any marketing and/or promotional activity of Wix or in connection to Participant’s use of Wix (“Participant Marketing”), Participant agrees to: (a) comply with all Applicable Laws, including but not limited to those governing email marketing, “opt in” and consent to email marketing, “opt out” and unsubscribing to email marketing, and spamming; (b) not violate any intellectual property or other rights of any third party; (c) not use the Wix brand or trademarks in a way that disparages or misrepresents Wix or causes confusion to Participant’s or Wix’s customers; and (d) comply with all guidelines and requirements governing the use of the Wix brand and trademarks, as prepared by Wix and amended from time to time.

8.5 Confidentiality

Wix (and its affiliated companies) may disclose to Participant certain information as a result of Participant’s participation in the Partner Program, which information Wix considers to be confidential (herein referred to as “Confidential Information”). Confidential Information shall not include information which Participant can show through written documentation is: (i) already known to Participant at the time of disclosure, or is publicly available at the time of disclosure; (ii) becomes generally known to the public after disclosure through no act or omission of Participant in breach of this Agreement; (iii) is disclosed to Participant by a third party who is not in breach of an obligation of confidentiality; or (iv) was, is or will be independently developed by Participant without use of the Confidential Information.

Participant shall at all times keep and hold the Confidential Information in the strictest confidence, and shall not use such Confidential Information for any purpose without Wix’s prior written consent, except as may be reasonably necessary for the performance of its obligations under the Terms, or as required by law, regulation, or order of any court of proper jurisdiction (but provided that, if legally permitted, the Participant will give Wix prompt written notice of such requirement or court order and will use reasonable efforts to ensure only the minimum disclosure of Confidential Information as required.

9. No Warranties or Guarantees

The Partner Program does not guarantee Participants any profit, revenue, savings, sales, business opportunities or otherwise success.

Any and all disputes arising from or relating to the Partner Program and any Participants, individuals, companies or owners shall be the sole responsibility of the parties involved. Each Participant hereby waives, any and all rights or claims the Participant may have, now or in the future, in connection with any disputes between the Participant and any other participant, any owner, Contributor or other individual or company in connection with the Partner Program and any Partner Benefits provided therein, including but not limited to the Revenue Share. Each Participant hereby agrees and acknowledges that Wix will not be liable in any manner for any damages, losses, or claims arising from or relating to the Partner Program.

Wix provides the Partner Program (and any part or feature or benefit thereof) on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. Wix specifically does not represent or warrant that the Partner Program (or any part or feature or benefit thereof) will be provided in accordance with any requests or instructions. Each Participant hereby agrees and acknowledges that the Partner Program and any all benefits or features therein may be provided by Wix, in its sole discretion, based on available resources, limitations, restrictions and other business or similar factors.

The Partner Program (and any part or feature or benefit thereof) may contain links to third party websites and/or platforms (collectively, “Third Party Sites”). These Third Party Sites are owned, controlled and/or maintained solely by third parties over whom Wix exercises no control. Accordingly, Wix expressly disclaims and shall not have any liability or responsibility for (i) any Third Party Sites appearing on or within the Partner Program, or (ii) the products or services provided by, available through, or advertised on any Third Party Sites accessible through the Partner Program, or any content, materials, or any information thereof. The implementation of any Third Party Sites within the Partner Program does not imply an endorsement by Wix with respect to any third party, any third party content, or any third party products or services.

WIX DOES NOT MAKE ANY WARRANTY OR GUARANTEE AS TO THE RESULTS OR BENEFITS THAT MAY BE OBTAINED FROM PARTICIPATION IN THE WIX PARTNER PROGRAM, AND NO INFORMATION, REPORT, ADVICE OR BENEFITS OBTAINED BY YOU FROM WIX OR THROUGH THE WIX PARTNER PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WIX OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. FURTHER, WIX MAKES NO WARRANTY REGARDING ANY SERVICES EXECUTED THROUGH ANY THIRD PARTY, OR BY ANY THIRD PARTY IN CONNECTION WITH WIX’S SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH THIRD PARTY TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK

10. Indemnification

In addition to your obligation of indemnification under the Wix Terms and the Wix Marketplace Terms, you agree to defend, indemnify and hold harmless Wix, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from (i) your violation of any third party right, including any copyright, property, or privacy right, resulting from your participation in the Partner Program; (ii) any agreement signed with your customers in relation to Wix’s services; (iii) any omission or inaccuracy in your Participant Marketing towards your customers or other third parties in relation to Wix’s services; and (iv) any breach of the Terms, including, without limitation, the representations or warranties made by you or any non-compliance with any legal or regulatory requirement. This paragraph will not be construed to limit or exclude, and shall be in addition to, any other claims or remedies which Wix may assert in equity or by law.

11. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL WIX, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AND AFFILIATES BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF PARTICIPANT OR ITS CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY OR USE OF THE SOLUTIONS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE.