diff --git a/adguard.com/affiliate-terms-and-conditions.html.md b/adguard.com/affiliate-terms-and-conditions.html.md new file mode 100644 index 0000000..90e86b0 --- /dev/null +++ b/adguard.com/affiliate-terms-and-conditions.html.md @@ -0,0 +1,465 @@ +# Terms and Conditions of AdGuard Affiliate Program + +*February 26, 2024* + +## 1. General + +AdGuard Software Limited (hereafter, “AdGuard”, “we,” “us,” “our”) is a company registered in Limassol, Cyprus, registered office is at Anexartesias and Athinon 79, Nora Court Flat/Office 203–205, 3040 Limassol, Cyprus. + +AdGuard is the rights holder of AdGuard Ad Blocker: [https://adguard.com/](https://adguard.com/), AdGuard VPN: [https://adguard-vpn.com/](https://adguard-vpn.com/), and AdGuard DNS: [https://adguard-dns.io/](https://adguard-dns.io/) (hereafter, collectively, the “Software”). We also operate the websites of the Software mentioned above (hereafter, the “Software Websites”), as well as the AdGuard Affiliate Account service (hereafter, the “Affiliate Account”) available at [https://aff.adguard.com/](https://aff.adguard.com/) (hereafter, the “Affiliate Website”). + +We are committed to protecting our users by offering them the Software, and we invite you to partner with us and earn commissions for selling licenses and subscriptions to the Software via the Affiliate Account and the Affiliate Website (hereafter, the “Affiliate Program”). + +IMPORTANT: THESE TERMS AND CONDITIONS (HEREAFTER, THE “TERMS”) REGULATE YOUR PARTICIPATION IN THE AFFILIATE PROGRAM AND YOUR USE OF THE AFFILIATE ACCOUNT AND THE AFFILIATE WEBSITE AND CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF THE ACCOUNT IS USED BY OR FOR AN ENTITY, AN ENTITY, HEREAFTER ALSO, “YOU”, “YOUR”, THE “PARTNER”) AND ADGUARD (OWNER OF ALL RIGHTS, WHETHER EXCLUSIVE OR OTHERWISE TO THE SOFTWARE, THE AFFILIATE ACCOUNT, THE AFFILIATE WEBSITE, AND THE SOFTWARE WEBSITES, HEREAFTER ALSO, THE “RIGHTHOLDER”). READ IT CAREFULLY BEFORE PARTICIPATING IN THE AFFILIATE PROGRAM AND USING THE AFFILIATE ACCOUNT OR THE AFFILIATE WEBSITE. + +BY REGISTERING THE AFFILIATE ACCOUNT, OR BY ACCESSING OR USING THE AFFILIATE ACCOUNT OR THE AFFILIATE WEBSITE, OR BY CLICKING A BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THESE TERMS, OR BY TYPING THE APPROPRIATE SYMBOL(S), YOU ARE CONFIRMING YOUR ACCEPTANCE OF THESE TERMS AND AGREEING TO BECOME BOUND BY THESE TERMS. + +IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT REGISTER TO THE AFFILIATE ACCOUNT AND DO NOT ACCESS OR USE THE AFFILIATE ACCOUNT AND THE AFFILIATE WEBSITE. + +AdGuard may modify these Terms from time to time without prior notification. In some cases of important changes, the amendment of these Terms will be communicated to you by sending an email and/or by publishing the updated Terms on the Affiliate Account or the Affiliate Website. It is your responsibility to periodically review these Terms to stay informed of any changes. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Affiliate Account or the Affiliate Website after the date such revised Terms are broadcasted. + +## 2. The Affiliate Account and the Affiliate Website + +(1) Your use of the Affiliate Account and the Affiliate Website + +AdGuard hereby grants you a non-exclusive, non-transferable, revocable license to connect, access and use the Affiliate Account within the scope of its functionality for the purpose of your participation in the Affiliate Program and to access and use the Affiliate Website, provided that you comply with all requirements, restrictions and terms specified in these Terms. + +(2) Affiliate registration + +To use the Affiliate Account, you are required to register, using your username, email address and a password. A valid email address must be provided at registration. You agree to keep your password confidential and will be responsible for all use of your username and password. +AdGuard reserves the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. +You can access and use some pages on the Affiliate Website without registering your Affiliate Account. + +(3) Affiliate eligibility and premoderation + +AdGuard reserves the right to approve your registration in the Affiliate Account and the Affiliate Program, to suspend access to your Affiliate Account and your participation in the Affiliate Program, as well as to block your Affiliate Account and decline your participation in the Affiliate Program at any time for any reason or no reason without any further explanation from AdGuard. + +(4) Your participation in the Affiliate Program + +Once you have registered your Affiliate Account and been approved by AdGuard, you have the right to participate in the Affiliate Program using any promo tools available to you on the Affiliate Website, such as personalized links to Software Websites, the Software installation links, and banner links, as well as promo texts, promo codes, media kits under conditions set forth in these Terms, and receive support from our Support Service. + +(5) Limitations on the provision of the Affiliate Account and the Affiliate Website + +The Affiliate Account and the Affiliate Website are not intended to be used by any person or entity in any jurisdiction or country where such use is contrary to applicable legislation, or which would subject AdGuard to any registration requirement within such jurisdiction or country. Those persons or entities who use the Affiliate Account or the Affiliate Website from other locations do so on their own initiative and are solely responsible for compliance with applicable laws and regulations. + +## 3. Financial terms + +(1) General + +We provide different commission rates depending on the Software. The commission terms also depend on the Software. Please refer to the information below about the Software you wish to promote. + +The following conditions apply to all types of commission earning for all Software: + + (a) You hereby understand and agree that AdGuard reserves the right to discontinue or modify the financial terms of the Affiliate Program, including, but not limited to general and your personal commission rates, conditions for earning commissions, the referral system, territorial restrictions for users or the Affiliate eligibility at any time without any prior notice as deemed to be in AdGuard’s best interests or as required by applicable law. + + (b) Your commission is determined as a percent, defined below for each Software, of the revenue received by AdGuard, which is calculated as the price of the purchased or renewed user’s subscription minus the payment system commission. + + (c) Each commission you earn is added to the balance of your Affiliate Account, which is displayed on the Affiliate Website. + + (d) AdGuard has the right, but not the obligation, to set higher personal commission rates for you if your total monthly commission is more than 1000 USD. In this case you can contact our Support Service and request higher commission rates. + +(2) Your commissions for AdGuard Ad Blocker + +You are entitled to receive fifty percent (50%) of the purchase or renewal of subscriptions to the AdGuard Ad Blocker made by users referred by you, subject to the following conditions: + + (a) You earn your commission for a subscription purchase when + + a. A user downloads AdGuard Ad Blocker from the Software Website accessed by the user via your personalized link or through your personalized installation link, + + b. The downloaded Software is installed, and + + c. The installed Software is activated by the purchased subscription. The subscription does not have to be purchased through your personalized link. See Restrictions below for additional conditions on the purchased subscription. + + (b) You will earn your commission for a subscription renewal when the subscription previously activated in the installed Software that was downloaded via your personalized link or through your personalized installation link is renewed. + +(3) Your commissions for AdGuard VPN + +You are entitled to receive forty percent (40%) of the purchase or renewal of subscriptions to the AdGuard VPN made by users referred by you, subject to the following conditions: + + (a) You earn your commission for a subscription purchase when + + a. A user downloads AdGuard VPN from the Software Website accessed by the user via your personalized link or through your personalized installation link, + + b. The downloaded Software is installed, and + + c. The installed Software is activated by the purchased subscription. The subscription does not have to be purchased through your personalized link. See Restrictions below for additional conditions on the purchased subscription. + + (b) You will earn your commission for a subscription renewal when the subscription previously activated in the installed Software that was downloaded via your personalized link or through your personalized installation link is renewed. + +(4) Your commissions for AdGuard DNS + +You are entitled to receive forty percent (40%) of the purchase or renewal of subscriptions to the AdGuard DNS made by users referred by you, subject to the following conditions: + + (a) You earn your commission for a subscription purchase when + + a. A user signs up for AdGuard DNS via your personalized link. + + b. The user purchases a subscription for this Software using the email address specified during the registration. + + (b) You earn your commission for a subscription purchase when + + a. A user signs up for AdGuard DNS via your personalized link. + + b. The user purchases a subscription for AdGuard VPN using the email address specified during the registration. + + (c) You will earn your commission when the subscription purchased by the method specified in clauses (a) or (b) of this subsection is renewed. + +(5) Your referrals’ commissions + +When you invite others to participate in the Affiliate Program through your personalized link, they become your referrals (hereafter, the Affiliate Referral). +The following conditions apply to earning commission on sales from your Affiliate Referrals: + + (a) You are entitled to receive five percent (5%) of the purchase or renewal of subscriptions to the Software made by users referred by your Affiliate Referrals. + + (b)You are not entitled to earn any commission on sales from the Affiliate Referrals of your Affiliate Referrals. In other words, our referral system has only one level. + +(6) Restrictions + +You understand and agree that the following restrictions will apply to your participation in the Affiliate Program. + + (a) You are not entitled to earn any commissions on sales or renewal of subscriptions purchased by users through our distributors or any other third-party companies. + + (b) AdGuard reserves the right to apply territorial restrictions for users or the Affiliate eligibility for participation in the Affiliate Program. AdGuard has the right, but not the obligation, to inform you about any restrictions by publishing on the Affiliate Website. + +(7) Your commission statistics + +You have the right to view reports on the Affiliate Website regarding your commission revenue, number of user visits to the Software Websites via your personalized link, number of installations of the Software downloaded via your personalized installation link, number of registrations through the Software Websites and the Software with your personalized link, and to filter your commission statistics by date and time period, country, subaccount, the Affiliate Referral, the Software, source. + +## 4. Payout + +(1) Available payout methods + +You have the right to receive your earned commission via [PayPal](https://www.paypal.com/) or via the [Solar Staff](https://solarstaff.com/) payment service. + +To set the chosen payout method for your Affiliate Account, you will need to provide the email address linked to your account in the third-party payment service to which you want to receive payouts. + +If you choose the Solar Staff service, you will also be asked to read and accept an agreement between you and the Solar Staff service and the Solar Staff’s privacy policy. Upon your acceptance of these documents, the Solar Staff service will create your account using the email address you provide. To use Solar Staff as your payment method, you will need to complete your account registration on the Solar Staff website. If you do not agree to the Solar Staff’s agreement and/or privacy policy and do not wish to accept these documents, you must not use the Solar Staff service to get payouts from the balance of your Affiliate Account. Instead, you may choose PayPal as your payout method. + +(2) How AdGuard processes your payouts + +To receive earned commissions, you must request a payout on the Affiliate Website. The amount of the payment made, and the fees required to process the payment will be deducted from the balance of your Affiliate Account. + +AdGuard will process your payouts on the following terms: + + (a) AdGuard will process the requested payouts every Thursday between 00:01 and 23:59 GMT. To receive a payment on a Thursday, you must request it by Wednesday 18:00 GMT. Due to the use of Greenwich Mean Time (GMT) for payments, the processing date may differ from the date in your local time zone. + + (b) Commissions earned on sales from your Affiliate Referrals become available for withdrawal one day after they are credited to the balance of your Affiliate Account. + + (c) When processing your payouts, third-party payment processing systems may charge fees, the amount of which may vary depending on the payout method you choose. You must check the amount of fees of third-party payment services yourself before using them. AdGuard does not bear any responsibility for such fees of third-party payment services. + + (d) The minimum payout amount is 20 EUR. + AdGuard reserves the right to modify the terms of processing your payouts, including, but not limited to payout processing date and time, minimum payout amount, territorial restrictions at any time without any prior notice as deemed to be in AdGuard’s best interests or as required by applicable law. + +(3) Restrictions + +Your chosen payout method may be subject to territorial and other restrictions. You must check such restrictions yourself with third-party payment services associated with your payout method. AdGuard is not responsible for the availability, reliability, operability, restrictions of your chosen payout method and connected third-party payment services. + +## 5. Intellectual property rights + +Please review this section carefully prior to using your Affiliate Account and the Affiliate Website. + +Any violation of this section will constitute a material breach of these Terms and your right to participate in the Affiliate Program will terminate immediately. + +(1) Content of the Affiliate Account and the Affiliate Website + +AdGuard is the owner of all right, title and interest in and to or the licensee of all intellectual property rights to the content of the Affiliate Account and the Affiliate Website, including, without limitation, all source or object code, scripts, databases, functionality, software, computer programs, techniques, improvements, designs, audio, video, text, photographs, graphics, concepts, formulas, processes, documentation, trade secrets, and any other copyrighted works or works of authorship, provided by AdGuard when you use the Affiliate Account or the Affiliate Website. + +AdGuard is the owner of all intellectual property rights to all trademarks, service marks, and logos provided in the content of the Affiliate Account and the Affiliate Website, excluding those owned by third parties. + +Modifying, reverse engineering, copying, reproducing, aggregating, republishing, uploading, encoding, selling, licensing, distributing to unauthorized parties, or otherwise exploiting the Affiliate Account or the Affiliate Website for any purpose whatsoever not expressly authorized by AdGuard by these Terms or with a written consent is strictly prohibited. + +(2) Licensing promo tools to you + +The promo materials that the Company provides to you via the Affiliate Website to promote the Software contain copyrighted materials owned by the Company, such as promo texts, banners, images, media kits (hereinafter, the “Promo Tools”). + +AdGuard hereby grants you a non-exclusive, non-transferable, revocable, royalty-free license to copy, reproduce, publish, upload, post, publicly display, broadcast, transmit, encode, translate, and store the Promo Tools subject to the following conditions: + + (a) The use of the Promo Tools is solely for the purpose of performing your obligations under these Terms. + + (b) No alterations are made to the Promo Tools. + + (c) The use of media kits is subject to additional terms and conditions posted on the pages of the Affiliate Website or the Software Websites where media kits are published. + +Use of the Promo Tools for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. + +All texts and associated graphics of the Promo Tools are provided “as is” and without any warranties. + +## 6. Restrictions + +Please read this section carefully before using your Affiliate Account and the Affiliate Website. + +Any use of the Affiliate Account or the Affiliate Website in violation of the stated below violates these Terms and may result in, among other things, temporary or permanent blocking of the balance of your Affiliate Account, suspension or termination of your rights to use your Affiliate Account and the Affiliate Website, suspension or termination of your participation in the Affiliate Program. + +By registering your Affiliate Account and by using the Affiliate Website, you represent and warrant that: + + (a) You have the legal capacity, and you agree to comply with these Terms. + + (b) You are not a minor in the jurisdiction in which you reside. + + (c) You will not decipher, decompile, disassemble, modify, reverse engineer, copy, reproduce, aggregate, republish, upload, encode, license, rent, lease, loan, distribute to unauthorized parties, export or sell access to the Affiliate Account or the Affiliate Website. + + (d) You will not utilize framing techniques to enclose any AdGuard logo, trademark, author attribution, or copyright notice. + + (e) You will not use automated agents or inject scripts into the Affiliate Account or the Affiliate Website to create multiple accounts, generate automated searches, requests, scrape, strip, or mine data from the Affiliate Account or the Affiliate Website. + + (f) You will not circumvent, disable, or otherwise interfere with security-related features of the Affiliate Account or the Affiliate Website, including features that prevent or restrict the use or copying of any content of the Affiliate Website or enforce limitations on the use of the Affiliate Website content contained therein. + + (g) You will not scan or test the Affiliate Account or the Affiliate Website for vulnerabilities, conduct penetration tests, disclose, share, send, or make otherwise available to third parties information about vulnerabilities in the Affiliate Account or the Affiliate Website of which you become aware, or use information about such vulnerabilities to compromise the security of the Affiliate Account or the Affiliate Website or privacy of other users of Affiliate Program. + + (h) You will not interfere with, disrupt, or create an undue burden on the Affiliate Account or the Affiliate Website or the networks or services connected to the Affiliate Account or the Affiliate Website. + + (i) You will not defame, disparage, or perform other acts that in our opinion are harmful to AdGuard and/or the Affiliate Account or the Affiliate Website. + + (j) You will not hide, conceal, or obscure any part of the Affiliate Account or the Affiliate Website via HTML/CSS, scripting, or any other means. + + (k) You will not use the Affiliate Account or the Affiliate Website for any unauthorized or illegal purpose or activity under applicable international, national, and local laws in countries where it is used. + + (l) Your use of the Affiliate Account or the Affiliate Website will not violate any applicable law or regulation, including applicable local, national, state, federal and industry-specific laws or regulations that restrict or prohibit, in whole or in part, the use of the Affiliate Account or the Affiliate Website. + + (m) You will not use the Affiliate Account or the Affiliate Website in any attempt to compete with AdGuard. + + (n) You will not use another person’s email address or impersonate another person or a representative of another company when registering your Affiliate Account. + + (o) You will not create Affiliate Accounts by automated means or under false pretenses. + + (p) You will not violate the copyright and other intellectual property rights of AdGuard or third parties. + + (q) You will not process personal data of users referred by you in violation of applicable personal data protection laws and regulations. + + (r) You are not a person, and you are not acting on behalf of any person or entity to whom provision of the Account or the Websites is prohibited by the export control laws, rules, regulations, restrictions, and national security controls of the European Union, the United States, and other applicable foreign agencies. + +## 7. Rules of participation in the Affiliate Program + +Please read this section carefully before using your Affiliate Account and the Affiliate Website. + +Any of your activities in the Affiliate Program that require approval, that are conducted without AdGuard’s approval or in violation of the terms of approval, and any of your activities in the Affiliate Program that are considered prohibited activities, violate these Terms and may result in, among other things, the temporary or permanent blocking of the balance of your Affiliate Account, the suspension or termination of your rights to use your Affiliate Account and the Affiliate Website, and the suspension or termination of your participation in the Affiliate Program. + +(1) Allowed activities + +The following types of activities do not require prior approval by AdGuard: + + (a) Contextual advertising, which refers to ads that appear on content websites dedicated to topics related to AdGuard, such as Internet privacy and security. + + (b) Banner advertising, which refers to ads that appear on your website. + + (c) Native advertising, which refers to ads created to match the content of your website. + + (d) Search advertising, which refers to contextual ads without the keywords disallowed by AdGuard. + +(2) Activities requiring approval + +The following types of activities can be used after prior written approval by AdGuard: + + (a) Using coupons and promo codes. + + (b) Sending email newsletters such as news, informative and promo newsletters from the Affiliate to your audience. + + (c) Placing ads on social media, including feeds, groups, etc. + + (d) Placing ads in your messengers. + + (e) Placing ads within your applications, software, or services. + +(3) Prohibited activities + +The following types of activities are strictly prohibited: + + (a) Using any form of promotion of the Software that could cause reputational damage to AdGuard. + + (b) Sending unsolicited SMS messages, emails, or spam via social media, including messenger applications and services, social networks, forums, dating services, etc. + + (c) Using incent traffic, content lockers, auto-surfing, and other techniques to mislead users. + + (d) Using phishing or other techniques to trick users into downloading the Software. + + (e) Bundling the Software with any other products, services, or incentives. + + (f) Artificially inflating the number of installations of the Software. + + (g) Any type of financial fraud, including purchases made with stolen payment cards, SMS fraud, etc. + + (h) Using pop-under ads, pop-up ads, push-up ads, or click-under ads to promote the Software. + + (i) Using teasers or ads with intriguing titles and content. + + (j) Indirect brand bidding or redirecting traffic by using domains similar to the Software Websites in contextual advertising. + + (k) Direct brand bidding or driving traffic directly to the Software Websites using keywords prohibited by AdGuard. + + (l) Using doorway pages or websites created for the sole purpose of receiving organic traffic through SEO. + + (m) Using obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable ads, as determined by AdGuard. + + (n) Using deceptive, unfair, false, inaccurate, or misleading ads. + + (o) Using ads that violate the copyright and other intellectual property rights of AdGuard or third parties. + + (p) Using ads that include content related to race, national origin, gender, sexual preference, or physical ability. + + (q) Using ads that violate any applicable laws, rules, or regulations. + + (r) Using scareware and otherwise misleading users to induce them to visit the Software Websites, download and install the Software, or purchase subscriptions to the Software. + +## 8. Data processing + +(1) AdGuard Privacy Policy + +AdGuard processes very limited data and has a strong Privacy Policy available at [https://adguard.com/en/privacy.html](https://adguard.com/en/privacy.html) that explains in detail how AdGuard handles your personal data in relation to your use of the Affiliate Account and the Affiliate Website. + +By accessing and using the Affiliate Account or the Affiliate Website, you acknowledge that you have read, understood and accepted terms and conditions of data processing set out in our Privacy Policy, available at the link mentioned above, which explains what type of information we collect, how it is shared and used. + +(2) What your data is processed when you use your Affiliate Account and why + +AdGuard will receive and process certain data to perform our obligations under these Terms and to provide you with the functionality of the Affiliate Account and the Affiliate Website. The data we process may be treated as personal data in accordance with the laws of certain territories and countries. You can read more about data processing in our [Privacy Policy](https://adguard.com/en/privacy.html). + + (a) To register your Affiliate Account, AdGuard will process your username, email address, and password. + + (b) To process payments via the payout method you have chosen, AdGuard will process the email address you indicate as an account identifier of a third-party payment service to which you wish to receive your payouts. + + (c) To keep you informed about the Affiliate Account and the Affiliate Program, we will process your email address. + + (d) To provide you with our Support Service, AdGuard will process the information you provide when creating a support ticket. Please note that in most cases we do not need any additional personal data to provide you with support. + +(3) Sharing your personal data with third parties + +To process payments via the payout method you have chosen, AdGuard will share some of your personal data with a third-party payment service that you have chosen to receive your payouts. + + (a) If you choose PayPal as your payout method, AdGuard will share the email address you indicate with [PayPal (Europe) S.à r.l. et Cie, S.C.A.](https://www.paypal.com/) PayPal Privacy Policy: [https://www.paypal.com/cy/webapps/mpp/ua/privacy-full](https://www.paypal.com/cy/webapps/mpp/ua/privacy-full). + + (b) If you choose Solar Staff as your payout method, AdGuard will share the email address you indicate with [TMS SolarWeb Ltd](https://solarstaff.com/). Solar Staff Privacy Policy: [https://solarstaff.com/documents/privacy-policy](https://solarstaff.com/documents/privacy-policy). + +AdGuard does not request or have access to your accounts in third-party payment services. + +(4) Processing personal data of users referred by and by your Affiliate Referrals + +To properly calculate your commission when a subscription to the Software is purchased or renewed by a user referred by you or by your Affiliate Referral, AdGuard will process the email address used to create the user’s AdGuard account and username and email address of your Affiliate Referral. + +Data processing of users referred by you or by your Affiliate Referrals during their use of the Software, the Software Websites, the AdGuard Account and its parts related to the Software is governed by the respective applicable AdGuard privacy policies. + +(5) Your obligations when you process data of users referred by you + +You are obliged to process personal data of users referred by you in accordance with applicable data protection laws at all times, including by using suitable legal bases and meeting all applicable requirements, including informing data subjects, and exercising their legal rights in relation to their personal data. + +You hereby acknowledge and agree that your processing of the personal data of users referred by you is separate and independent from AdGuard’s processing of such users’ personal data. You are not bound to AdGuard in any controller, joint controller, or processor relationship with respect to the processing of the personal data of such users. You are solely responsible for complying with applicable data protection laws with respect to the processing of the personal data of such users. + +## 9. Third-party websites and services + +The Affiliate Account or the Affiliate Website may contain links to other websites or services owned and/or operated by third parties. + +AdGuard is not responsible for the content, terms of use, or data processing on third-party websites and services, even if such websites and services contain information related to AdGuard or the Software. + +You must independently review the terms of use and privacy policies of third-party websites and services, including third-party payment services used by the payout method you have chosen. + +Visiting third-party websites and using third-party services is entirely at your own discretion. You are solely responsible for your use of third-party websites and services and for complying with their terms of use. + +## 10. Modifications, availability, and management + +By accessing and using the Affiliate Account or the Affiliate Website, you agree to the following terms: + +(1) Changes to and availability of the Affiliate Account, the Affiliate Website, and the Affiliate Program + +AdGuard reserves the right, in its sole discretion, to modify, change, update, or discontinue provision of the Affiliate Account and the Affiliate Website at any time without notice. We cannot guarantee that the Affiliate Account and the Affiliate Website will be available at all times due to hardware or software failures of Internet service providers or our maintenance operations. + +AdGuard will not be liable to you or any third party for any modification, change in the terms of use, suspension, or discontinuance of the Affiliate Account, or the Affiliate Website, or the Affiliate Program. AdGuard will not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Affiliate Account or the Affiliate Website or to participate in the Affiliate Program during any downtime or discontinuance of the Affiliate Account or the Affiliate Website. Nothing in these Terms shall be construed as an obligation on our part to maintain and/or support the Affiliate Account or the Affiliate Website or to supply any corrections, updates, or releases in connection therewith. + +(2) Management of the Affiliate Account and the Affiliate Program + +AdGuard reserves the right, but not the obligation, to: + + (a) Monitor your Affiliate Account and your participation in the Affiliate Program for violations of these Terms; + + (b) Take appropriate legal action in the event, in our sole discretion, of any violation of applicable law or these Terms, including, without limitation, reporting to law enforcement authorities; + + (c) Refuse, restrict access to, limit the availability of, or disable your Affiliate Account or any portion thereof, or temporarily or permanently block the balance of your Affiliate Account; + + (d) Otherwise manage the Affiliate Account and the Affiliate Website to protect our rights and property and to ensure the proper operation of the Affiliate Account and the Affiliate Website. + +## 11. Warranty disclaimer + +By accessing and using the Affiliate Account or the Affiliate Website and by participating in the Affiliate Program, you expressly agree to the following terms: + + (a) YOUR USE OF THE AFFILIATE ACCOUNT SERVICE OR THE AFFILIATE WEBSITE IS AT YOUR SOLE RISK. THE AFFILIATE ACCOUNT SERVICE AND THE AFFILIATE WEBSITE ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. ADGUARD AND ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE SERVICES PROVIDED UNDER THESE TERMS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT. ADGUARD DOES NOT WARRANT THAT THE AFFILIATE ACCOUNT SERVICE OR THE AFFILIATE WEBSITE WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES UNDER ARTICLE 2 OR ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE (UCC), AS APPLIED IN ANY JURISDICTION, ARE GRANTED TO YOU UNLESS EXPRESSLY GRANTED HEREIN. + + (b) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES PROVIDED UNDER THESE TERMS, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF DELIVERY OF SUCH SERVICES. + + (c) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ADGUARD OR ITS AFFILIATES, OR ITS OR THEIR AGENTS OR EMPLOYEES, SHALL CREATE A REPRESENTATION OR WARRANTY, NOR IN ANY WAY INCREASE THE SCOPE OF ANY EXPRESS REPRESENTATION OR WARRANTY PROVIDED HEREIN. + + (d) ADGUARD SHALL HAVE NO LIABILITY, AND YOU RELEASE ADGUARD FROM ALL LIABILITY, IF THE AFFILIATE ACCOUNT SERVICE HAS BEEN MODIFIED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE AFFILIATE ACCOUNT SERVICE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM. + + (e) ADGUARD IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICE INSTALLED BY YOU, INTENTIONALLY OR INADVERTENTLY, BY PURCHASING LICENSES OR DOWNLOADING THE SOFTWARE FROM AN UNAUTHORIZED PARTY THAT IS NOT OUR AFFILIATE. + + (f) YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR PARTICULAR USE OF THE AFFILIATE ACCOUNT SERVICE DOES NOT VIOLATE ANY APPLICABLE LAW, THE RIGHTS OF ANY THIRD PARTY, OR YOUR CONTRACTUAL OBLIGATIONS TO ANY THIRD PARTY. + +## 12. Limitation of liability + + (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ADGUARD NOR ITS SUPPLIERS OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE THE AFFILIATE ACCOUNT SERVICE OR THE AFFILIATE WEBSITE PROVIDED UNDER THESE TERMS WHETHER BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADGUARD OR ITS SUPPLIERS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. + + (b) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THESE TERMS. + +## 13. Term and termination + +(1) Term + +These Terms shall remain in full force and effect until it is terminated by any reason described in this section. + +(2) Termination by you + +You have the right to terminate these Terms at any time by deleting your Affiliate Account on the Affiliate Website. We may ask you to confirm the deletion of your Affiliate Account by entering your password. + +If you confirm the deletion of your Affiliate Account: + + (a) We will delete all information from your Affiliate Account, including your email address. You will no longer receive emails from AdGuard and you will not be able to log in again to your Affiliate Account. + + (b) Deletion of your Affiliate Account will terminate your participation in the Affiliate Program. + + (c) The balance of your Affiliate Account will be blocked, and you will not be able to request payouts to receive your earned commission. + +(3) Termination by AdGuard for good cause + +AdGuard reserves the right to terminate these Terms and the provision of the Affiliate Account or the Affiliate Website to you for good cause. In such an event, we reserve the right, but not the obligation, to notify you thirty (30) business days prior to the date of the proposed termination by sending a message to your email address or posting a notice on the Affiliate Website. +You will have the opportunity to request a payout before the date of the proposed termination. + +(4) Termination by AdGuard due to your breach of these Terms + +WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, ADGUARD RESERVES THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE AFFILIATE ACCOUNT SERVICE AND THE AFFILIATE WEBSITE TO YOU IN CASE OF YOUR MATERIAL BREACH OF THESE TERMS OR ANY APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, YOUR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. IF SUCH BREACH IS NOT CURED WITHIN TEN (10) BUSINESS DAYS AFTER NOTICE OF SUCH BREACH, WE MAY TERMINATE YOUR USE OF THE AFFILIATE ACCOUNT SERVICE AND THE AFFILIATE WEBSITE OR DELETE YOUR AFFILIATE ACCOUNT AND BLOCK THE BALANCE OF YOUR AFFILIATE ACCOUNT AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION. +If AdGuard terminates or suspends your Affiliate Account for any reason, you are prohibited from participating in the Affiliate Program and from registering and creating a new Affiliate Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Affiliate Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive relief. + +## 14. Miscellaneous + +(1) Applicable law, arbitration, and choice of venue + +These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus without reference to conflicts of law rules and principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any dispute arising out of the interpretation or application of the provisions of these Terms or any breach thereof shall, unless it is settled by direct negotiation, be adjudicated by arbitration in the Republic of Cyprus. Any award rendered by the arbitrator shall be final and binding on the parties and any judgment on such arbitration award may be enforced in any court of competent jurisdiction. Nothing in this section shall prevent AdGuard or you from seeking or obtaining equitable relief from a court of competent jurisdiction, whether before, during or after arbitration proceedings. + +(2) Entire agreement and non-waiver + +These Terms contain the complete agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous agreements or understandings, whether oral or written. AdGuard’s failure to exercise or delay in exercising any of its rights under these Terms or upon any breach of these Terms shall not be deemed a waiver of those rights or of the breach. + +(3) Restriction on amendments + +No AdGuard affiliate, or agent or employee of an AdGuard affiliate, is authorized to make any amendment to these Terms. Any conflict or ambiguity between these Terms and any separate terms or conditions provided by an AdGuard affiliate regarding the Affiliate Account or the Affiliate Website or the Affiliate Program shall be resolved in favor of these Terms. + +(4) Severability + +If any provision of these Terms shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. + +(5) No use where prohibited + +Access and use of the Affiliate Account and the Affiliate Website and participation in the Affiliate Program are unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. + +(6) Assignment + +You may not assign, by operation of law or otherwise, any rights or delegate any duties under these Terms to any third party without the prior written consent of AdGuard. Any purported assignment lacking such consent will be void at its inception. AdGuard may assign all or part of its rights and/or delegate all or part of its duties under these Terms to any party, at any time, and in its sole discretion, upon notice of assignment by publishing such notice on the Affiliate Website. + +(7) Period for bringing actions + +No action, regardless of form, arising out of the transactions under these Terms, may be brought by either party hereto more than one (1) year after the cause of action has accrued, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period. + +## 15. Contact information + +Should you have any questions concerning these Terms, or if you desire to contact AdGuard for any reason, please contact our Support Service: + +Email: + +Website: [https://aff.adguard.com/](https://aff.adguard.com/) + +© 2024 ADGUARD SOFTWARE LIMITED. All Rights Reserved. The Affiliate Account and the Affiliate Website and any accompanying documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.