Terms and Conditions for Affiliates

Last updated: February 3, 2025

PLEASE READ THESE AFFILIATE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT REGISTER AND/OR PARTICIPATE IN THE PROGRAM.

TO ACCEPT THIS AGREEMENT AND CREATE AN ACCOUNT, YOU MUST BE AN ADULT OF LEGAL AGE OF MAJORITY IN THE COUNTRY IN WHICH YOUR ACCOUNT IS REGISTERED. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS ON YOUR ACCOUNT.

If you are accepting this Agreement on behalf of a legal entity you represent and warrant that you are authorized by such legal entity to do so. By continuing to maintain your Affiliate relationship with us, you acknowledge that you have read and understood this Agreement and agree to be bound by these terms and conditions. Upon our request, you agree to sign a non-electronic version of this Agreement or the relevant Insertion Order.

These Affiliate Terms and Conditions (the “Agreement”) are entered into by and between you (the “Affiliate” or “You”) and TrafficHubGroup Limited (hereafter “Affilitex”) or other legal entity specified in the relevant Insertion Order or Agreement signed between the parties hereof. By joining the Affilitex Affiliate Program (hereafter “Program”) you are expressing your acceptance of these Affiliate Terms and Conditions, Privacy Policy, Website Terms of Use, and said acceptance is evidenced by your clicking on the “Sign Up” button on the sign-up page.

THESE AFFILIATE TERMS AND CONDITIONS MAY BE AMENDED OR CHANGED BY US IN OUR DISCRETION, WITH OR WITHOUT NOTICE, AT ANY TIME WITH OR WITHOUT ANY REASON.

Your continued access or use of the Program following such changes will be deemed acceptance of such changes. In addition, we reserve the right to modify or cease providing all or any portion of the services or access to the Program at any time, with or without notice. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

1. Affiliate Agreement; Account

  1. Upon acceptance by the Agreement and continued compliance herewith, the Affiliate shall be allowed to participate in the Program wherein Affilitex shall provide to the Affiliate a limited license to use certain intellectual property of Affilitex on Affiliate websites solely for the limited purposes of marketing and promoting the products and services of Affilitex. As consideration for any traffic directed by the Affiliate to Affilitex through Affiliate marketing and promotional efforts that convert into sales, Affilitex shall pay the Affiliate compensation, as set forth in section 3 below.
  2. Affilitex reserves the right to deny any affiliate application from any country at the sole discretion of Affilitex. Affilitex also reserves the right to add or remove countries from time to time as business requirements may dictate.
  3. To register an account you must be in compliance with this Agreement. Affilitex may, in its sole discretion, confirm or otherwise verify or check the truth and accuracy of any registration information provided by the Affiliate. Affilitex may request you as account holder to complete an approval procedure (e.g. provide additional information on promotion methods and/or identity, and complete an interview with a Affilitex representative). The Affiliate hereby covenants and guarantees to provide to Affilitex only the truthful and valid information regarding the Affiliate’s identity and location; no fake names, aliases or pseudonyms are to be used to disguise the Affiliate’s identity or hide your contact information. The Affiliate expressly consents to keep contact information up to date and inform Affilitex of any changes. The Affiliate also acknowledges and agrees that use of the Affiliate’s account is intended for Affiliate only and no other person or entity will be given any access to it and, likewise, the Affiliate will not use any other person’s or entity’s account for its purposes. In case Affilitex or third-party payment provider requests the Affiliate to prove its identity and location, the Affiliate shall reply within two (2) business days from the day of request and provide valid proof of its identity and location. If at any time Affilitex, in its sole judgment and discretion, determines the Affiliate’s registration information to be misleading, inaccurate or untruthful, Affilitex may restrict, deny or terminate Affiliate’s account, Affiliate’s access and use of, and/or any benefits derived from Affiliate’s participation in the Program; Affilitex may also withhold payment of any commissions and/or other fees that may be or become due or payable to the Affiliate.
  4. The Affiliate acknowledges and agrees that Affilitex has a right to transfer the Affiliate’s contact/identification information and details of the cooperation to any third party in order to recover debts or to investigate the Affiliate’s fraudulent or illegal activity.
  5. If account is inactive for a three-month period (i.e. have not started running any campaigns and/or the traffic equal to zero, or the Affiliate did not log into account during 3 months), we may block account within notice. After the date of notice the Affiliate will have 30 calendar days to restore the account. To do so, the Affiliate has to contact us via support@affilitex.com . If you do not activate your account, the account will be closed. If the Affiliate’s account is removed based on this section, Affilitex shall not pay out the remaining unpaid commission that is below the minimum payout amount according to section 3.2.
  6. Affilitex retains the right, at its sole discretion, to terminate any accounts involved with any illegal, fraud, deceptive, automated, bot and related activities or other prohibited activities under this Agreement. In this case, all commissions earned by Affiliate may be forfeited at sole discretion of Affilitex.

2. Rights Granted to Affiliate

Affilitex is working hard to develop the quality of our product and offer services for the Affiliate to use on their websites or other media property, collectively the “Websites”. In order to assist the Affiliate in promoting these products and services, Affilitex has developed proprietary content and marketing systems to assist the Affiliate in making sales on the Affiliate’s websites. In order to use these proprietary content and marketing systems, Affilitex grants the Affiliate each of the following rights:

  1. The nonexclusive right to use the proprietary content and marketing systems of Affilitex to help generate sales of Affilitex products and services.
  2. Affilitex grants the Affiliate a limited, nonexclusive, nontransferable and fully revocable license to access, use and install website skins, promotional banners, links, images, videos, product and service content and other promotional materials created, owned or licensed by Affilitex (collectively referred to as the Marketing Materials) for use on Affiliate Websites for the sole and exclusive purpose of advertising, marketing or promoting Affilitex products and services. Within these guidelines, the Affiliate may use these Marketing Materials on Affiliate websites as desired.
  3. Affilitex owns and retains all rights, title and interest in and to its intellectual property, copyright, trademarks, patents, and in the Marketing Materials and any other content provided by Affilitex. Upon termination of Affiliate participation in the Program and/ or termination of this Agreement, the grant of right and license set forth herein, shall cease and terminate, and the Affiliate’s right to use the Marketing Materials shall immediately cease.
  4. The Affiliate is not authorized and shall not change product and service names, trademarks, service marks, design logos, or any Marketing Materials except with specific permission from Affilitex, for any purpose other than as expressly set forth herein or in any modification to this Agreement by Affilitex. The Affiliate further acknowledges and agrees that any such change will be a material breach of this Agreement and may result in your account being terminated and all money due forfeited.

3. Fee and Payment Conditions

Affilitex will pay the Affiliate for sales of Affilitex products and services generated from a banner or link posted on the Affiliate’s websites as follows.

  1. Affilitex offers a revenue share of all Net Revenue generated by Affiliate websites. For purposes of this Agreement, the term “Net Revenue” shall mean gross sales less any payment processing fees, taxes and costs as well as any chargebacks or refunds.
    In addition to revenue share, certain offers may be paid based on CPA (Cost Per Action) principles. The cost of a particular paid action is specified in the offer descriptions and will be tracked using Affilitex’s tracking tools, the measurement of which shall prevail in determining commissions.
  2. Affilitex pays out the Affiliate commission on the NET7, 15 and 30 basis (four times, twice and once a month respectively), unless otherwise agreed by the Parties. NET7 basis is an exceptional condition and is granted based on the Affilitex decision. Affilitex processes payments within 7 business days after each payment period, such period may be extended for the time of the investigation of any breach of this Agreement by the Affiliate or due to issues with the payment processing system or bank. Wire transfer can be used if the commission amount exceeds $1000. If the commission amount is less than $1000, to receive the payment the Affiliate can choose between other available payment methods: (e.g., Paxum, Payoneer, PayPal) agreed by the parties, and in this case, the minimum payout will be $100, if the other threshold is not required by the applicable payment processing system or determined at the sole discretion of Affilitex. Paypal transfer fee will be charged in accordance with the Paypal Fee Policy for your region. It is the Affiliate’s responsibility to open all payment methods in the applicable payment processing systems required by the Program to obtain the payment. It is the Affiliate’s responsibility to notify Affilitex of any payment changes in a timely manner.
  3. Affilitex will also pay a bonus to the Affiliate if they refer the Affilitex Referral Program to other third party Affiliate.
    • For each third-party Affiliate that the Affiliate has referred to the Affilitex Referral Program, the Affiliate will have the right to be paid  five per cent (5%) of all net revenue generated by the referred third party Affiliate for the first ninety (90) days from the date referral relations are established.
    • For this purpose, the Parties agree that only the newly established accounts will be eligible for the bonus and that no individuals or companies with pre-existing accounts on the Affilitex Referral Program shall be considered eligible for the effect.
    • Also, any accounts that have been suspended or terminated from Affilitex Referral Program due to fraudulent or improper activity or for any other reason for termination are not eligible for the payment of the bonus to the Affiliate. Only one account per individual or company will be eligible for the Bonus.
      All commission payments are non-cash and shall be made by wire transfer or via other payment processing system within seven business days for all payment methods with the best-effort guarantee, such period may be extended for the time of the investigation of any breach of this Agreement by the Affiliate or due to issues with the applicable payment processing system or bank. Any fees resulting from the chosen payment method shall be borne by the Affiliate and, if applicable, deducted from the Affiliate account. Affilitex is working on improving its payment system and may also add new payment methods for Affiliates in the future.
    • To ensure that the total commission is accurately calculated and the payment amount is correct, Affilitex may retain the payment for a reasonable period.
    • Commissions are based on the funds provided to Affilitex by our clients, consequently, the Affiliate agrees that Affilitex takes responsibility for the payment of commissions only to the extent that such funds from the clients have been received. The Affiliate gives a consent to release Affilitex from any claims regarding commissions if such funds from the clients have not been received.

4. Restrictions on Payment of Compensation

  1. The Affiliate is not entitled to commission for any sale in violation of the terms of this Agreement.
  2. The Affiliate is not entitled to commission from Affilitex for any sale which Affilitex determines to be as the result of potential fraudulent, invalid or illegal activity. Affilitex shall have the right, in its sole and absolute discretion, to expand or modify what it determines to constitute potentially fraudulent activity. Affilitex has developed its fraud screening process through years of experience and through work with industry leaders in fraud detection and identification thus Affiliates can be confident that the Affilitex system is securely protected against fraudulent activity and sales.
  3. Affilitex has the right to deny or withhold payment from the Affiliate and to terminate the Affiliate from the Program immediately if there are an abnormal number of chargebacks or refunds for products and services through the Affiliate’s websites. Affilitex shall determine, in its sole and absolute judgment, what constitutes an abnormal number of chargebacks or refunds.
  4. If the Affiliate’s account is removed based on the Affiliate request in accordance with GDPR or another applicable data protection legislation, Affilitex shall not pay out the remaining unpaid commission that is below the minimum payout amount according to section 3.2.
  5. Affilitex has the right to deny or withhold payment from the Affiliate and to terminate the Affiliate from the Program immediately if at any time Affilitex considers that the Affiliate’s account has been compromised, or there is a possibility that this Agreement may have been breached or has been breached. Affilitex has the right at its sole discretion to provide a detailed investigation. The Affiliate also agrees to fully participate and cooperate with any investigation at their own cost, including but not limited to providing all required documents.

5. Term and Termination

  1. This Agreement is not for any specific term or duration of time. The Affiliate may terminate this Agreement at any time, for any reason. Likewise, this Agreement and/or the Program may be terminated by Affilitex in its sole and absolute discretion, at any time, for any reason.
    In the event that Affilitex, including but not limited to: (i) voluntarily or involuntarily becomes the subject of a petition in bankruptcy or of any proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors that is not dismissed or discharged within 60 days after being commenced; (ii) admits in writing its inability to pay its debts generally as they become due (or takes any corporate action tantamount to such admission); (iii) makes an assignment for the benefit of its creditors; or (iv) ceases to do business as a going concern. In such an event, and when possible, Affilitex may provide prior notice of termination.
    The Affiliate agrees and acknowledges that Affilitex does not assume any responsibility with respect to, or in connection with the termination of the Program operations and loss of any data as a result.
  2. The Affiliate may terminate participation in the Program by 48 (forty-eight) hours’ notifying Affilitex via e-mail at support@affilitex.com of Affiliate’s intent to terminate participation in the Program. Should Affiliate terminate account and the amount owed in the said account is $100 or less the said amount will be forfeited by Affilitex.
  3. In case this Agreement is terminated, the Affiliate shall be entitled to legally accrued unpaid commission or bonuses earned prior to the date and time of termination. The Affiliate shall not be entitled to any unpaid commission or bonuses earned after the date and time of termination as well as to any unpaid commission that is below the minimum payout amount specified in the clause 3.2 of this Agreement.
  4. If this Agreement is terminated due to the  Affiliate’s breach of any portion of this Agreement, including any untrue or inaccurate representation or warranty, Affilitex reserves the right to withhold any amount then due and owing to the Affiliate.

6. Affiliate’s Responsibilities and Duties

  1. The Affiliate shall only use and promote the approved products and services of Affilitex using Affilitex proprietary marketing systems and Marketing Materials on Affiliate’s websites.
  2. The Affiliate shall not use or employ any form of mass unsolicited electronic mailings, newsgroup postings, password selling or trading, warez, IRC posting, adware, spyware, and malware marketing or any other form of “spamming” as a means of promoting Affiliate websites or for the purpose of generating traffic and sales to or for Affiliate websites. The Affiliate further acknowledges and agrees that Affilitex has zero tolerance for spamming. Thus, Affilitex reserves the right to immediately and without notice terminate the Affiliate’s participation in the Program if Affilitex, in its sole and absolute discretion, concludes that the Affiliate has been engaged in the use of any of the above referenced forms of “spamming”. Note also that in such a case the Affiliate will also be barred from future participation in the Program and all money otherwise due to the Affiliate will be forfeited.
    The Affiliate shall not send traffic via sms or electronic mail promotion, unless has received the express written authorization of Affilitex to use electronic mail or other electronic messages to promote offers. It is the Affiliate’s sole and complete responsibility to make sure that the Affiliate is in compliance with the CAN-SPAM ACT as well as any other law, rule or regulation that may be applicable. In the event any third party submits a claim, lawsuit, or other legal action against Affilitex or any of its related entities relating to any email, text or communication the Affiliate sent or in any way caused to be sent, then the Affiliate agrees to indemnify, hold harmless, and defend Affilitex and any of its related entities against any such claim, lawsuit, or other legal action (including attorney’s fees). Further, no electronic message initiated or sent by the Affiliate or on their behalf may identify Affilitex as a sender or sponsor of such electronic mail or other message.
    Any electronic mail marketing which is not previously authorized by Affilitex, including spamming of any sort and violation of any of the applicable rules and regulations will result in an immediate ban from the Program without any payment to the Affiliate. If the Affiliate is found to have violated any provisions of the CAN-SPAM ACT as well as any other law, rule or regulation that may be applicable, their account will be immediately terminated, all funds owed to the Affiliate will be forfeited and the Affiliate’s contacts and data may be reported to the relevant authorities.
  3. Except as expressly authorized by Affilitex in this Agreement, the Affiliate shall not copy, reproduce, alter, modify, change, broadcast, distribute, transmit or disseminate any banners or other promotional or advertising materials provided by Affilitex pursuant to this Agreement in whole or in part, in any form or manner, at any time or anywhere in the world.
  4. The Affiliate shall NEVER modify files, Marketing Materials or content provided by Affilitex.
  5. All content displayed on any Affiliate website containing the Marketing Materials must comply with all local laws.
  6. To promote Affilitex products and services the Affiliate has to use the link received in his account. Affilitex has the right not to pay the Affiliate commission for traffic received via a link, that differs from the links in the Affiliate’s account.
  7. The Affiliate shall not target any person who is under the legal age, nor target any restricted jurisdictions where the products or services offered and the promotion thereof are illegal.
  8. The Affiliate shall ensure that all materials posted by Affiliate or otherwise used in connection with the Program: (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age)

Illegal and prohibited content, including, but not limited to:

  • child pornography or child abuse;
  • content that shows extreme sexual violence or materials that are overly violent;
  • materials that demonstrates, promotes or incites crimes or violent acts;
  • content that promotes terrorism or encourages terrorist acts;
  • materials which encourage violence, criminal behaviour or dangerous behaviour (e.g. creating weapons, taking or making drugs and carrying out fraudulent or terrorist acts);
  • use of materials, promoting a product or a service on behalf of celebrities or politicians without their official permission and consent;
  • use of celebrities or politicians’ names to sensationalize the promoted content (“fake news” and negative representation of the individuals featured);
  • highly graphic sexual acts that would be likely to offend a ‘reasonable adult’;
  • footage that shows real or simulated violence or crimes.

7. Affiliate Representations and Warranties

The Affiliate hereby represents and warrants each of the following:

  1. That if the Affiliate is an individual person, he/she is over the age of eighteen (18) years or any legal age in the country of the Affiliate;
  2. That if the Affiliate is an entity (i.e., corporation, limited liability company, etc.), all individuals employed or associated with the Affiliate in any way are over the age of eighteen (18) years or legal age in the country of the Affiliate;
  3. That the individual who provides information pursuant to the Program and accepts this Agreement has full, lawful power and authority to enter into and to carry out the terms of this Agreement;
  4. That the login data or information of its account will always be kept strictly confidential and it will not be shared publicly or with any other person or party. The Affiliate gives its consent that it takes full responsibility for all the activity conducted through its account. In case of any disclosure, theft or unauthorized use of the Affiliate’s login data the Affiliate is obliged to inform Affilitex immediately.

8. Confidentiality

  1. The Affiliate agrees not to disclose Affilitex Confidential Information (“Confidential Information”) without Affilitex’s prior written consent. The Affiliate shall not use the Confidential Information (as hereinafter defined) for purposes other than the performance of its obligations under this Agreement. The Affiliate may only disclose the Confidential Information to its employees, consultants, and subcontractors who have a need to know such Confidential Information in order to perform its obligations under this Agreement. The Affiliate shall protect the Confidential Information by using the same degree of care as it uses to protect its own information of a like nature, but no less than a reasonable degree of care.
  2. “Confidential Information” shall mean all information of Affilitex not generally available to the public which is provided to the Affiliate or which the Affiliate has access to or discovers in the performance of this Agreement, including without limitation all information relating to Affilitex’s Program, services, products, business, and operations (including without limitation business plans, financial records, customers, clients, vendors, affiliates, agents, or employees; the fact that the Affilitex intends to develop or distribute any particular products or services; the compensation paid to the Affiliate; products, costs, sources, strategies, inventions, procedures, forecasts, materials and data, technical advice or knowledge, contractual agreements, pricing, click-through rates or other statistics provided to the Affiliate by the Affilitex, specifications, trade secrets, distribution methods, inventories, marketing plans and strategies, algorithms, designs, studies, charts, plans, tales or compilations of business and industrial information acquired by Affilitex, Program and account interface, drawings, work sheets, programs and systems, know-how or other intellectual property of Affilitex and its related entities that may be at any time furnished, communicated, or delivered by Affilitex the Affiliate, whether in oral, tangible, electronic, or other form or designated in writing or oral by the Affilitex as “confidential” or any designation to the same effect). The Affiliate is prohibited to disclose any other information which if disclosed could harm or reduce a competitive advantage of the Affilitex or place the Affilitex at a competitive disadvantage.
    The Confidential Information does not include information that has become publicly known through no breach by the Affiliate, or information that has been (i) independently developed without access to the Affilitex Confidential Information, as evidenced in writing; (ii) rightfully received by the Affiliate from a third party without such third party having possession of such Confidential Information because of its own or other’s breach; or (iii) required to be disclosed by law or by a governmental authority, provided the Affiliate shall get a prior written consent by the Affilitex, unless prohibited by applicable law, if it is required to disclose any of Affilitex’s Confidential Information under operation of law, and such disclosure shall not constitute a breach of this Agreement.
    The Affiliate, in addition, acknowledges that the Affilitex may be ordered by law or by a governmental authority to disclose information regarding the services being provided to the Affiliate or to disclose Affiliate’s identity under certain circumstances, especially where the Affiliater’s website(s) contain unauthorized copyrighted materials and/or link(s) to such unauthorized copyrighted materials. The Affilitex will be fully entitled to disclose such information upon receiving a request, which the Affilitex reasonably deems as being competent to issue such a request.
  3. The Affiliate agrees to indemnify and hold harmless Affilitex against any and all loss, costs or expenses, inclusive of court costs and legal fees on a solicitor and own client basis, which Affilitex may incur as the direct or indirect result of any unauthorized disclosure of the Confidential Information by the Affiliate or any person for whom the Affiliate is responsible, in law.

9. Privacy

  1. The Affiliate’s personal/corporate data will be collected and processed in accordance with the provisions of law and in accordance with the Privacy Policy and these Terms and Conditions.
  2. The Affiliate agrees that it will comply with all privacy and data security laws, rules, regulations and self-regulatory principles (“Privacy Laws”), applicable to the Affiliate. The Affiliate shall, at all times during the term, clearly and conspicuously post on its website or other media property an easy-to-understand privacy policy that (i) is in compliance with all applicable laws, rules and regulations, (ii) accurately discloses all applicable data collection, use and disclosure practices, including the use of cookies, pixels, beacons, locally stored objects, or other similar technologies by third parties for purposes of targeting individual end users with advertisements; (iii) identifies how and for what purpose the Affiliate uses the information collected and shares such information with third parties for the purpose of providing more relevant content to users and for advertising and marketing purposes, and (iv) offers users an opportunity to opt-out from such use of the data and information. At all times, the Affiliate and its partners shall comply with their respective privacy policies. At any given point of time, if the Affiliate is unclear or unable to satisfy the terms of this section, the Affiliate shall inform Affilitex in writing. Affilitex is not liable for any violation of Privacy laws, rules or regulations related to failure of the Affiliate to provide appropriate Privacy information to their users.
  3. The Affiliate agrees not to provide any Personally Identifiable Information about any user who visits their Websites. The Affiliate shall ensure that personal data of the EU residents will not be transferred to Affilitex unless the Parties conclude the applicable Data Processing Agreement, where Affiliate shall act as a Controller in the meaning of GDPR and provide respective instructions to Affilitex. If applicable please contact Affilitex team for signing the Data Processing Agreement.
    The Affiliate further agrees that it will not use any information provided to the Affiliate by Affilitex to violate any applicable law, regulation, the Affiliate’s own Privacy Policy or to restore or respawn cookies cleared or deleted by end-users.

10. Non-Disparagement

The Affiliate agrees and covenants that they shall not at any time make, publish, or communicate to any person or entity or in any public forum, including, without limitation, on any digital or online review sites or forums, any defamatory, discrediting or disparaging remarks, comments or statements concerning Affilitex or its businesses, or any of a Affilitex’s employees or officers, now or in the future. For the purposes of this section, a disparaging or discrediting statement or representation is any communication which, if publicized to another, would cause or tend to cause the recipient of the communication to question the business condition, integrity, competence, good character, or product quality of the person or entity to whom the communication relates, but will not include any disclosure required to be made to any governmental or quasi-governmental agency, or any disclosure made in the course of any pending or threatened litigation, mediation or arbitration.

In the event the Affiliate failed to perform Non-Disparagement obligations under this section, the Affiliate shall be liable for all losses of Affilitex. Affilitex has the rignt to terminate this Agreement immediately and withhold payments from the Affiliate’s account.

11. Taxation

All individuals, corporations and other organization participants are responsible for the payment of taxes in their own jurisdiction.

12. Rights of Affilitex

  1. Affilitex reserves the right, in its sole and absolute discretion, to terminate the Program at any time and may do so with or without cause.
  2. Affilitex shall also have the right, in its sole and absolute discretion, to change or modify this Agreement and the Program Benefits. If at any time Affilitex changes or modifies the Program, the Affiliate shall have the right to withdraw and terminate participation.

13. No Partnership, Joint or Collaborative Venture

  1. Nothing contained in this Agreement shall create or be deemed to create a partnership, joint venture or other business combination or venture of any kind between the Affiliate and Affilitex, its subsidiaries, affiliated entities, successors or assigns; nor shall any term contained in this Agreement constitute or create any agency or employment relationship between Affiliate and Affilitex, its subsidiaries, affiliated entities, successors or assigns.
  2. Affilitex has no control over nor ownership interest in Affiliate or Affiliate Websites except for the Marketing Materials used thereon, and the Affiliate has no financial or other interest in Affilitex, its subsidiaries, affiliated entities or any property owned by such entities, except as expressly set forth herein.

14. No Content Control, Monitoring or Supervision

  1. Affilitex does not monitor, supervise or review content contained on Affiliate websites except for the use of the Marketing Materials. Affilitex is not responsible for any content appearing or otherwise distributed on, at or in association with Affiliate websites. The Affiliate is solely responsible for the content on Affiliate websites.
  2. Affilitex has no direct or indirect control over the content of Affiliate websites except as specifically set forth in this Agreement and as it relates to the Marketing Materials.

15. No Warranty or Guarantee

Affilitex makes no guarantee of any kind with respect to the Program or materials provided by, through or in association with the Program, all Marketing Materials are provided to the Affiliate “as is” and use of the Marketing Materials is solely at the Affiliate’s risk. Affilitex disclaims all warranties, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose with regard to the Program and any and all materials of every kind supplied to the Affiliate as part of this Program.

16. No Guarantee of Success or Profitability

Affilitex cannot guarantee the Affiliate any level of success or profitability due to the Affiliate’s participation in the Program. The Affiliate has unilaterally entered into an Internet service business and all risk of loss, cost and expense of the Affiliate doing business shall be borne solely by the Affiliate. In case the Affiliate alters or modifies their promotional links in any way Affilitex shall not guarantee that all traffic sent via such links will be tracked properly and in full.

17. Force Majeure

Neither party shall be liable for any loss or delay, nor be considered in breach of this Agreement, due to an act of God, fire, natural disaster, terrorist act, strike or other labor stoppage, declaration of war or military intervention, computer system/server failure, credit card processing failure, network failure, governmental action, or any other cause outside the control of the parties.

18. Limitation of Liability

AFFILITEX, ITS SUBSIDIARIES, AFFILIATED ENTITIES, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES, ASSIGNS AND SUCCESSORS SHALL NOT BE LIABLE TO THE AFFILIATE, OR ANY OTHER PERSON OR ENTITY, FOR ANY DIRECT OR INDIRECT LOSSES, INJURIES OR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) WITH REGARD TO ANY USE OF THE AFFILITEX WEBSITE, OR ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE AFFILITEX MARKETING MATERIALS, OR DUE TO ANY MISTAKES, OMISSIONS, DELAYS, ERRORS, INTERRUPTIONS IN THE TRANSMISSION, OR RECEIPT OF AFFILITEX SERVICES, CONTENT OR MARKETING MATERIALS, INCLUDING WITHOUT LIMITATION ANY LOSSES DUE TO SERVER PROBLEMS OR DUE TO INCORRECT PLACEMENT OF HTML.

19. Indemnification

The Affiliate shall indemnify and hold Affilitex, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors and any successor-in-interest or assign (the “Indemnified Parties”) harmless from any breach of this Agreement by the Affiliate, including any use of Marketing Materials other than as expressly authorized in this Agreement. The Affiliate agrees that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use, and the Affiliate agrees to indemnify for any resulting loss, damage, judgment, award, cost, expense, and attorneys’ fees of the Indemnified Parties. The Affiliate shall also indemnify and hold the Indemnified Parties harmless from and against any and all claims brought by third parties arising out of the Affiliate’s use of the information accessed from Affilitex websites.

20. Transfer or Assignment

  1. This Agreement shall not, under any circumstances, be transferred or assigned by the Affiliate to any other person or entity, and any attempted transfer or assignment of a membership shall be void.
  2. Affilitex may, at any time, in its sole discretion and without prior notice given to the Affiliate, transfer or assign this Agreement to an affiliated or non-affiliated person or entity.

21. Modification

This Agreement is subject to change or modification by Affilitex at any time at its sole discretion, and changes shall become effective by posting at the Affilitex Website with or without notice to you. An Affiliate may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect. The most recent version of this Agreement will be posted on Website. It is the Affiliate’s sole responsibility to keep themselves informed of any such changes or amendments and periodically to check the most current version of this Agreement.

Any matters not expressly regulated by these Terms shall be governed by the IAB Standard Terms and Conditions Version 3.0, available at http://www.iab.com/wp-content/uploads/2015/06/IAB_4As-tsandcs-FINAL.pdf. In the event of any discrepancy, the order of precedence shall be as follows: (i) a signed Insertion Order (if any), (ii) these Terms and Conditions, and (iii) the IAB Standard Terms and Conditions.

22. Notices to Affilitex or Affiliates

Notices from Affilitex Website to Affiliates may be given electronically, including any that we are otherwise required to provide in “writing”. We may send you notices by means of electronic messages to the e-mail address of the Affiliate or to any email address that you provide to us during participation with Program, by general posting on the Website, or by conventional mail. Communications from the Affiliate to Affilitex may be made via e-mail, unless otherwise specified in this Agreement. All notices to Affilitex via e-mail shall be sent to support@affilitex.com. Notices from Affilitex shall be deemed delivered when sent by Affilitex to the Affiliate, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration. You agree to receive offers and promotions from us and our partners by e-mails.

23. Severability

If any provision of this Agreement is held to be invalid or unenforceable, in any respect, such invalidity or unenforceability shall not affect or impair the validity or enforceability of the remaining provisions of this Agreement, but, to the contrary, this Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein.

24. Entire Agreement, Headings, and Neutral Construction

This Agreement and any changes or modifications thereto by Affilitex and accepted by the Affiliate expresses the entire agreement between the parties regarding the Affiliate’s participation in the Program, and all Marketing Materials directly and indirectly related thereto, superseding and negating any prior or contemporaneous agreements, whether written or oral. There are no representations, agreements, arrangements or undertakings relating to the matters addressed which are not fully expressed herein. The headings are for convenience only and shall not be construed to give any substantive meaning to the agreement between the parties. This Agreement shall be construed neutrally and as the commemoration of the mutual assent of both parties rather than for or against either party.

25. Review by Attorney

Affilitex strongly advises that the Affiliate review this Agreement with an attorney before acceptance of its terms so that the Affiliate is fully appraised of all the rights, duties and obligations under this Agreement. The Affiliate acknowledges that nothing herein and no statement by Affilitex or any employee, representative, agent or other person associated with Affilitex has in any way prevented or inhibited the Affiliate from seeking such independent legal advice prior to entering into this Agreement. The Affiliate hereby acknowledges and agrees that the terms of this Agreement are reasonable and fair; all terms have been fully disclosed in writing, and that the Affiliate has been given reasonable opportunity to seek the advice of independent counsel with respect to the Agreement and all transactions associated herewith.

26. Jurisdiction And Venue

This Agreement shall be governed by and construed in accordance with the laws of Cyprus without giving effect to any principles or conflicts of law.  All disputes arising out of the terms of this Agreement shall be settled by negotiation. If the dispute cannot be resolved through negotiation within 1 (one) calendar month since its arising, parties can refer to the court as described above.

If the settlement of the dispute is being executed by the court, all costs and expenses incurred in connection with the court proceedings, as well as court fees, shall be reimbursed by the party guilty of breach, failure or improper fulfilment of the terms of the Agreement, unless otherwise provided by applicable law.

Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to will be subject to the jurisdiction of the courts in Cyprus.

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND AFFILITEX ENTITY WITH WHICH YOU HAVE A DISPUTE WITH SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW.

YOU HEREBY EXPRESSLY WAIVE ANY RIGHT FOR A TRIAL BY JURY.

27. Acceptance and Execution

By clicking on the “Sign up” button on the Registration Page, and by supplying Affilitex with all the information required to create an account on the Registration Page, the Affiliate accepts all of the terms and conditions set forth herein above and agrees to be bound by said terms and conditions.