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Mighty Networks Affiliate Program Agreement

Last updated: November 27, 2019

This Mighty Networks Affiliate Program Agreement (“Agreement”) applies to each affiliate’s (“Affiliate,” “you” or “your”) participation in the Mighty Networks Affiliate Program (the “Program”), which is operated by Mighty Software (“Mighty Software”, “our”, “us” or “we”) to promote its Mighty Networks products and services. This Agreement does not change in any way any other agreement you may have with us. This Agreement incorporates by reference our Site Terms of Use at https://mightynetworks.com/terms-of-use(“Terms of Use”). In the event of any conflict between the Terms of Use and this Agreement related to the Program, this Agreement will control.

Each Affiliate is responsible for assuring that its employees, agents, and contractors comply with this Agreement. The “Site” refers to the Mighty Networks website at https://mightynetworks.com/ and “Your Website” refers to any websites on which you place links to our Site.

1. Enrollment

To enroll in the Program, you must (1) complete the registration process at https://affiliate.mightynetworks.com/signup and (2) provide a valid PayPal account for receiving payment. We may grant or deny your enrollment in our sole discretion. We reserve the right to terminate this Agreement and your participation in the Program at any time with or without notice. You may not apply if you reside in countries currently under sanction by the Office of Foreign Assets Control (“OFAC”); see the current list at http://www.treas.gov/offices/enforcement/ofac/programs.

2. How the Program Works

Once you are accepted into the Program, we will grant you access to the affiliate website, where you will be able to set up your affiliate account and browse tools. These tools include unique links to our Site for placement on Your Website (“Links”). We will also give you access to our brand guidelines (“Brand Guidelines”) and materials that you can use to promote the Site to potential Mighty Networks Hosts (“Licensed Materials”). You earn Affiliate Fees and Referral Fees when someone you promoted Mighty Networks to becomes a Host.

3. Earning Fees

When visitors to Your Site click on a Link to our Website, and become a Host within 60 days of clicking on the Link, you will earn a commission on the amount paid by the Host from the date they first became a Host (“Affiliate Fee”), provided that they purchase one of our Premium Plans, not including the Mighty Pro Plan. This is a lifetime commission, meaning you’ll continue to earn your commission every year the Host renews their Premium Plan. The Affiliate Fee for all Premium Plan referrals (not including the Mighty Pro Plan) is 20% of the amount the Host paid for the Premium Plan.

For all new Mighty Pro Plans successfully launched due to a Qualified Introduction you make, we will pay you a one-time referral fee of $3000 (“Referral Fee”), approximately fifteen (15) days after we receive payment from the referred Mighty Pro Host. A Qualified Introduction is an emailed introduction by an Affiliate personally introducing a potential Host to a Mighty Software employee who is also a Mighty Pro account manager, provided that the potential Host has not already been introduced to anyone at Mighty Software. Whether a prior introduction has occurred is determined solely by Mighty Software.

You will not receive an Affiliate Fee or Referral Fee (collectively, “Fee(s)”) for any refunded or returned transactions. If a refund is issued after the Fee has already been approved and paid, a negative balance will be created on your account and will be deducted from future Fees.

The Affiliate Fee will go to the last Link that the person making the purchase clicked before completing their transaction, provided that they become a Host within 60 days of the Link being clicked. For example, if Customer A clicks on a Link provided by Affiliate X, but then clicks on a Link provided by Affiliate Y and then becomes a Host, Affiliate Y will receive the full Affiliate Fee for transactions related to Customer A. Affiliate Fees will not be split or transferred. For clarity, clicks on Links are valid for 60 days, so if a customer becomes a Host more than 60 days after clicking the Link, you will not receive an Affiliate Fee for such transaction.

4. Program Restrictions

a) Compliance with Law: You represent, warrant, and covenant that, in connection with your participation in the Program, you, Your Website(s), and your use of the Licensed Materials, will not violate any law, regulation, or regulatory rules or guidelines, including the Federal Trade Commission’s endorsement disclosure requirements pursuant to Section 5 below. Also, if you choose to promote our Program via e-mail campaigns, you represent and warrant that you will comply with the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program, which includes placing an opt-out in the email and making it clear that you are the sender of the email and not acting at the direction of Mighty Software. If you or your Site is targeting persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive, as well as the General Data Protection Regulation (GDPR), if you are conducting business in or taking orders from persons in one or more of the European Union countries. You are responsible for complying with all applicable laws in your jurisdiction.

b) General Restrictions: You represent, warrant, and covenant that:

  1. You will only use the Links we provide without manipulation or modification of any kind.

  2. You may not “self-refer,” meaning that only transactions by other persons using your Link will result in Affiliate Fees.

  3. You will not engage in any behaviors that, in our opinion, are fraudulent, abusive, or harmful to the Site or to Mighty Software.

  4. We reserve the right, at any time, to review your placement and approve your use of Links and require that you change the placement or use to comply with the Brand Guidelines.

  5. All domains that use your affiliate Link must be listed in your affiliate profile.

  6. Your Website will not in any way copy, resemble, or mirror the look and feel of the Site. You will also not use any means to create the impression that Your Website is our Site or any part of our Site, including by framing our Site.

  7. You may not engage in cookie stuffing or include pop-ups or false or misleading links on Your Website. In addition, you will not attempt to mask the referring URL information (i.e., the page from where the click is originating).

  8. You will not send your Link or any marketing messages in connection with the Program via SMS or text message. You will not do any telemarketing in connection with the Program.

  9. You will not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain (also known as cloaking). If you are found redirecting Links to hide or manipulate their original source, any Affiliate Fees not yet paid by us will be voided and your account will be terminated. This does not include using “out” redirects from the same domain where the affiliate Link is placed.

  10. The maintenance and the updating of Your Website(s) will be your responsibility. We may monitor Your Website(s) as we feel necessary to make sure that it is (or they are) up-to-date.

  11. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to Your Website.

  12. You will not send unsolicited bulk-emails (spam).

  13. You will not use any images, text, or other content provided to you by us except Licensed Material (defined in Section 9 below) as authorized under this Agreement and may not modify the graphic image or text in any way. All of our rights in the images and text, any other images, our trade names and trademarks, and all other intellectual property rights are reserved. We may revoke any licenses or other rights referenced in this Agreement at any time for any reason.

  14. You will not offer discounts, coupons, free trials, promo codes, or any other promotional offer that is not expressly authorized by Mighty Software in writing. We may, on a case-by-case basis, offer you access to discounts, coupons, free trials, promo codes, or other promotional offers, and you agree to comply with all terms and limitations that we establish in connection with such promotional offers.

  15. Unless otherwise agreed upon in writing by Mighty Software, you may not promote through a sub-affiliate network.

c) Pay-Per-Click (“PPC”) Restrictions: Unless Mighty Software first gives you written permission, you agree to comply with the following restrictions:

  1. You may not bid on any of our Restricted Terms (defined below), including any variations or misspellings thereof for search or content-based campaigns on Google, Bing, MSN, Yahoo, Facebook or any other network. “Restricted Terms” means any of the following terms: Mighty Networks, Mighty Networks LLC, mightynetworks.com, www.mightynetworks.com, Mighty Networks coupon, Mighty Networks discount code, Mighty Networks discount, Mighty Networks promo code, Mighty Networks sale, Mighty Networks promo, Mighty Networks sales, Mighty Networks deals.

  2. You may not use our Restricted Terms, including any variations or misspellings as per above in sequence with any other keyword.

  3. You may not use our Restricted Terms in your ad title, ad copy, display name or as the display URL.

  4. You may not use any of our trademarked terms as part of the domain or sub-domain for Your Website.

  5. You may not direct link to the Site from any PPC ad or use redirects that yield the same result. Customers must be directed to an actual page on Your Website.

  6. You may not bid in any manner appearing higher than us for any search term in positions 1-5 in any auction-style PPC advertising program.

  7. If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your marketing and related activities and we strongly suggest you add our trademarked terms as negative keywords.

We have a strict no-tolerance policy on PPC trademark bidding. We will not enter a discussion about when the violation started and when it stopped; you will forfeit all Affiliate Fees for a minimum of the past 30 days, your Affiliate Fee balance will be set to $0 without warning, and we may terminate your participation in the Program at our discretion.

d) General Advertising Restrictions: You represent, warrant, and covenant that Your Website(s), social media posts, and any other advertising materials will not:

  1. Infringe on our or anyone else’s intellectual property, publicity, privacy or other rights.

  2. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, offensive, or contains nudity, pornography, fake news, discriminatory, or sexually explicit materials.

  3. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.

  4. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate payments from another website. This includes toolbars, browser plug-ins, extensions, and add-ons.

e) Social Media Restrictions: You represent, warrant, and covenant that when you advertise or promote Mighty Networks on Facebook, Twitter, Instagram, YouTube and other social media platforms, you will comply with the following requirements:

  1. You may only promote Mighty Networks and Links on your own social media pages.

  2. You are prohibited from posting your Links on our Facebook, Twitter, Pinterest, or any other Mighty Software social media account or page.

  3. You are prohibited from creating a social media account that includes our trademark(s) in the page name and/or username.

f) Privacy Restrictions: You represent, warrant, and covenant that you will respect the privacy of consumers and be transparent about your data collection and use practices. That means that you may not collect personal information about individuals, including their names, email addresses, phone numbers, or any other personal information unless you have provided notice and obtained their consent in accordance with the law applicable in your jurisdiction. You may not under any circumstances engage in “scraping” or any other form of automated data collection to collect personal information about individuals. In addition:

  1. You may not contact people with promotional materials unless they have consented to be contacted through that medium consistent with relevant local law.

  2. You must comply with all applicable laws, rules, self-regulatory principles, and industry best practices governing the collection and use of data from users for purposes of serving ads that are targeted to their interests, including the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising, Mobile Principles, and Cross-Device Principles, and FTC Guidance on Cross-Device Tracking.

  3. You agree to promptly notify Mighty Software in the event of any Privacy Incident, and to promptly cooperate with us in the event of any Privacy Incident that we escalate to you or request your cooperation. A “Privacy Incident” includes any allegation that you have not properly provided notice or obtained consent to collect personal information, sent email messages, collected data in a manner inconsistent with your privacy policy, user notice, applicable law, or applicable self-regulatory rules.

5. FTC Disclosure Requirements

Where it is not expressly clear that the Link is a paid advertisement, paid advertising, or otherwise promotional in nature, and/or that you are receiving compensation from Mighty Software in connection with the Program, you must include a disclosure statement within any and all pages, blog posts, social media posts, or any other content where you include a Link or otherwise advertise or endorse the Site or Mighty Networks in connection with the Program. This “material connection disclosure” statement should be clear and concise, stating that we are compensating you for your participation in the Program. Also, any statements you make about Mighty Software and its Mighty Networks must reflect your honest opinions, beliefs, or experiences and must not be false, misleading, or unsupported. You must follow these guidelines in making your material connection disclosures:

  1. Disclosures must be made as close as possible to the claims.

  2. Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. Disclosure should be visible before the jump).

  3. Pop-up disclosures are prohibited.

For more information about FTC disclosure requirements, see the FTC’s “Dot Com Disclosures” Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC’s Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements.

6. Payment of Fees

Only transactions made by the referred individual that are completed after last using your Link will result in Affiliate Fees. You will not receive Affiliate Fees for transactions that are canceled, returned, charged back, or refunded. Affiliate Fees typically take 30-60 days to process in order to account for any refunds. Affiliate Fees will be approved on or about the 1st of every month with payouts on or about the 2nd of every month (excluding holidays and weekends, which will be approved or paid on or about the next business day). For example, if you earn an Affiliate Fee on August 5th, it, along with all August Affiliate Fees, would likely be approved by October 1 and paid on October 2.

If the Host that you refer pays monthly, you will receive payment of Affiliate Fees monthly. If the person that you refer pays annually, you will receive one payment of Affiliate Fees for the year, within approximately 60 days after the person pays for their annual purchase (provided the person does not obtain a refund).

We reserve the right to exclude transactions and to not pay Affiliate Fees for them, if we deem it necessary, in our sole discretion, to prevent abuse of the Program, or to reject orders that do not comply with any requirements that we periodically may establish. If we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of this Agreement, or any other terms and conditions that we publish on our website at mightynetworks.com/affiliate-program-agreement, we expect that you will respond in a timely and honest manner. A failure to be forthcoming, responsive, or provide requested substantiation may result in your termination and removal from the Program.

You are responsible for all taxes and reporting requirements related to your Affiliate Fees.

A statement of activity is available to you through your affiliate interface.

7. Audits/Records

You will maintain accurate and complete records relating to your conduct under the Program. Upon request, which may be made no more often than once a year, you will enable Mighty Software or its designated service provider to audit your records and other materials to verify your compliance with the Agreement. In addition, you will promptly provide such records and other materials, and provide other cooperation and assistance, as requested by Mighty Software.

8. Modification and Termination

Mighty Software reserves the right to change, modify, and/or eliminate the Program and/or all or any portion of this Agreement or any policy pertaining to the Program at any time and for any reason in its sole discretion, including our right to discontinue or change the benefits or Affiliate Fees received under the Program or merge the Program with another program. We may also attempt to notify you in other ways, including via email. Unless we say otherwise, the amended Agreement will be effective immediately and your continued participation in the Program after the amended Agreement is posted will confirm your acceptance of the changes. If you do not agree to the amended Agreement, you must stop participating in the Program.

We have the right to monitor Your Website at any time to determine if you are complying with this Agreement. We may notify you of any changes to Your Website that must be made for your participation in the Program to continue. If you do not make the changes to Your Website that we requested, we reserve the right to terminate your participation in the Program.

Either party may terminate the Agreement in its entirety, with or without cause, by giving written notice to the other party. Upon the termination of this Agreement for any reason, you will immediately cease all activities in connection with the Program, and you will immediately cease all use of, and remove from Your Website(s), all Links to the Site, and all Licensed Materials, and all other materials provided by or on behalf of us to you (including all Licensed Materials) pursuant hereto or in connection with the Program. Upon termination, you will earn no additional Fees. Fees earned prior to termination will continue to be paid after termination, provided that Affiliate was in compliance with this Agreement at termination. Sections 7 (Audits and Records), 8 (Modification and Termination), 10 (Representations and Warranties), 11 (Disclaimer), 12 (Limitation of Liability), 13 (Indemnification), 14 (Dispute Resolution), 15 (Notice), 16 (Inquiries), and 17 (Miscellaneous) will survive the expiration or termination of this Agreement.

9. Grant of Licenses

  1. Subject to your continuing compliance with this Agreement, we grant to you a non-exclusive, non-transferable, non-sublicensable, revocable and limited right to (i) place the Links on Your Website; and (ii) solely in connection with such Links, to use our logos, trade names, trademarks, and similar identifying material, including marketing and advertising information that we provide to you or authorize for such purpose (collectively, the “Licensed Materials”).

  2. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Program. You agree that all uses of the Licensed Materials will be on behalf of the Program and the goodwill associated therewith will inure to the sole benefit of Mighty Software.

  3. You may not use the Licensed Materials in any manner that is disparaging, misleading, obscene or that otherwise portrays Mighty Software or the Mighty Networks in a negative light. Other than the license granted in this Agreement, Mighty Software retains all right, title, and interest to the Licensed Materials and no right, title, or interest is transferred to you.

  4. You may not modify the Licensed Materials in any way.

  5. You acknowledge our ownership of our Licensed Materials, agree that you will not do anything inconsistent with our ownership, and agree that all of your use of the Licensed Materials (including all associated goodwill) will inure to the benefit of, and on behalf of Mighty Software. You agree that nothing in this Agreement gives you any right, title, or interest in the Licensed Materials other than the right to use the Licensed Materials in accordance with this Agreement. You also agree that you will not attack our rights in or title to the Licensed Materials or the validity of the Licensed Materials or this Agreement.

  6. Except for the limited license granted under this Section 9, you do not obtain any rights under this Agreement in any intellectual property in the Licensed Materials, our Site, our domain name, the Link(s), link formats, technical specifications, or Brand Guidelines.

10. Representations and Warranties

In addition to the representations, warranties, and covenants in Section 4, You represent, warrant, and covenant that:

  1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms, and that your performance of your obligations under this Agreement does not and will not constitute a breach of or conflict with any other agreement or arrangement by which you are bound;

  2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party; and

  3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement such that the rights you grant are valid, complete, and do not and will not infringe any third-party rights or violate any applicable laws, rules, or regulations.

  4. You are not a resident of any country currently under sanction by the Office of Foreign Assets Control (“OFAC”), which include: Balkans, Belarus, Burma, Cote d’Ivoire, Cuba, DR of the Congo, Iran, Iraq, Liberia (the former regime of Charles Taylor), Lebanon, Libya, North Korea, Somalia, Sudan, Syria, Yemen, and Zimbabwe. Please note that the list of sanctioned countries can change at any time; however, a current list can always be located at http://www.treas.gov/offices/enforcement/ofac/programs. Participation in the Program as a resident of a sanctioned country is prohibited. You further agree to comply with applicable OFAC restrictions and to not advertise or otherwise engage in commercial activities with persons or businesses residing in countries under sanction.

11. Disclaimer



12. Limitation of Liability


13. Indemnification

You will indemnify, hold harmless, and (at our option) defend Mighty Software and its directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) with respect to any third-party claim arising out of or related to: (a) your performance of and conduct in connection with the Program and this Agreement, including the activities of your personnel, agents and subcontractors; (b) allegations that any content or other material you distribute, display, or perform infringes or violates any intellectual property right, right of publicity, or other proprietary right (except to the extent the allegedly infringing material was Licensed Material originally provided by us to you for such distribution, display, or performance and provided you have not modified such Licensed Material in any way); (c) allegations that any of the messages you send or communications made, or your participation in, and activities conducted in connection with the Program violate any law or regulation, including the CAN-SPAM Act, Telephone Consumer Protection Act, or relevant or applicable laws, rules, or regulations; (d) any advertising claim related to Your Site, including content therein not attributable to us; (e) your failure to satisfy any debt, obligation or liability, including your failure to comply with your obligations to any of your personnel, agents or subcontractors, including payment of wages, provision of benefits, and payment of employment taxes; or (f) your breach of this Agreement, including any of your representations, warranties, or obligations herein. Unless Mighty Software directs otherwise in writing or elects to control the defense, you will assume the defense of the indemnified claim through counsel designated by you and reasonably acceptable to, Mighty Software and Mighty Software may, at its expense, participate in the defense with its own counsel. You will not settle or compromise any indemnified claim, or consent to the entry of any judgment, without written consent of Mighty Software, which will not be unreasonably withheld. Mighty Software will reasonably cooperate with you in the defense of an indemnified claim, provided that you reimburse Mighty Software for its costs and expenses as they are incurred to provide such cooperation.

14. Waiver of Jury Trial; Dispute Resolution; Arbitration

This section applies to any dispute between the parties regarding this Agreement.

  1. Waiver of Jury Trial. Except for claims seeking injunctive or equitable relief regarding either party’s intellectual property rights, You and Mighty Software hereby waive their rights to a jury trial.

  2. Notice of Dispute: In the event of a dispute, you or Mighty Software must give the other party a “Notice of Dispute,” which is a written statement that sets forth the facts giving rise to the dispute, and the relief requested. Notices of Dispute must be sent to the addresses in Section 16 (“Notice”) below.

  3. Informal Negotiation. The parties will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either party may commence arbitration.

  4. Binding Arbitration: If we don’t resolve a dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. The dispute will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in Palo Alto, California, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by California law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.

  5. Prohibition of Class and Representative Actions and Non-Individual Actions: The parties agree that either may bring claims against the other only on an individual basis and not as part of any purported class or representative action or proceeding unless both parties agree otherwise. The arbitrator may not consolidate or join more than one person’s or party’s claims and may not preside over any form of a consolidated, representative or class proceeding.

15. Notice

All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us by you via legal@mightynetworks.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.

16. Inquiries

You will promptly notify Mighty Software of any inquiry received by you from any news media, reporter, publication, trade association or governmental authority, and of any complaints or allegations of wrongdoing received by you, with regard to Mighty Software, the Program, or your conduct under this Agreement.

17. Miscellaneous

  1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Website(s) or otherwise, that reasonably would contradict anything in this Section. You may be required to complete a Form W-9 or W-8BEN as a condition of receiving your Affiliate Fees and will cooperate with all requests by us to complete documentation in connection with your participation in the Program and to comply with applicable tax obligations.

  2. You may not assign your rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of your business or assets.

  3. This Agreement is be governed by and interpreted in accordance with the laws of the United States and the State of California without regard to the conflicts of laws and principles thereof.

  4. You may not amend this Agreement unless the parties agree to such amendment in writing.

  5. This Agreement represents the entire agreement between us and you with respect to the Program and supersedes all prior agreements and communications of the parties, oral or written with respect thereto.

  6. The headings and titles contained in this Agreement are included for convenience only and will not limit or otherwise affect the terms of this Agreement. The use of the terms “include,” “includes,” or “including” is illustrative and not limiting.

  7. If any provision of this Agreement is held to be invalid or unenforceable, that provision will be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this Agreement will have full force and effect.

  8. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

  9. You acknowledge that we may at any time admit others into the Program and you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than the terms set forth in this Agreement.