Affiliate Program Terms of Use

This Agreement is between Nektony LLC (“Nektony”, “we”, “us”) and the individual or entity participating in our affiliate program (“Affiliate”, “you”). By applying to or participating in the Program, you agree to these terms.

1. HOW THE PROGRAM WORKS

1.1. You promote Nektony products using the tracking links, banners, and creatives we provide (“Program Materials”). You earn a commission for each qualifying purchase made through your unique link.

1.2. Specific commercial terms — commission rates, payout thresholds, approved materials — may be defined in a separate Annex. If an Annex conflicts with this Agreement, the Annex prevails on that point.

1.3. Your participation is non-exclusive, non-transferable, and revocable. You are an independent contractor, not an employee, agent, or partner of Nektony.

1.4. Nektony may approve or reject any application, and may suspend or terminate your participation at any time.

2. WHAT YOU CAN DO

2.1. Use only the Program Materials we provide or approve. Do not modify logos, banners, or product descriptions without our written consent.

2.2. Promote Nektony products in a lawful, ethical, and brand-safe manner.

2.3. Ensure all your claims about our products are truthful, accurate, and not misleading.

2.4. Display all required disclosures — affiliate disclosures, privacy notices, cookie banners — as required by applicable law and platform rules.

3. WHAT YOU CANNOT DO

You must not, directly or through third parties:

(a) Spam — unsolicited emails, bulk messaging, bot outreach, unauthorized posting in forums or social networks.

(b) Use paid search (PPC), contextual ads, or retargeting that targets Nektony trademarks, product names, or confusingly similar terms — without our prior written consent.

(c) Use Nektony brand terms in ad copy, metadata, hidden text, display URLs, or any advertising field.

(d) Generate fake clicks, fake conversions, cookie stuffing, ad injection, click flooding, bot traffic, or any artificial activity to inflate metrics.

(e) Use spyware, malware, adware, browser extensions, toolbars, forced redirects, pop-unders, or any technology that interferes with user traffic or consent.

(f) Make false, misleading, or exaggerated claims about Nektony products — features, pricing, compatibility, reviews, or endorsements.

(g) Misrepresent product capabilities, licensing terms, subscription terms, refund policy, or availability.

(h) Buy through your own affiliate links or coordinate self-referrals to earn commissions.

(i) Use coupons, cashback, “show coupon”, “click-to-reveal”, or similar tactics without our prior written approval.

(j) Place affiliate links on sites with unlawful, hateful, violent, sexually explicit, pirated, or brand-damaging content.

(k) Engage in black-hat SEO — hidden text, cloaking, doorway pages, keyword stuffing, link schemes, fake reviews, or content masking.

(l) Interfere with Nektony’s website, tracking systems, source code, or security controls.

(m) Tamper with tracking parameters, cookies, attribution logic, or any Program-related mechanisms.

(n) Create content that implies endorsement, sponsorship, affiliation, or ownership beyond your role as an affiliate.

(o) Collect or process personal data in violation of applicable law.

(p) Register domain names, social media accounts, or app names that include or imitate “Nektony” or our product names.

Any violation is a material breach and may result in immediate suspension, forfeiture of commissions, and termination.

4. COMMISSIONS AND PAYMENTS

4.1. You earn a commission for each confirmed, eligible, non-fraudulent purchase made through your tracking link, in accordance with Program rules and the tracking provider’s requirements.

4.2. No commission is earned on transactions that are fraudulent, canceled, refunded, charged back, or generated through prohibited methods or self-referrals.

4.3. Nektony may apply validation periods, hold periods, and fraud checks before approving commissions. If a paid commission is later refunded or charged back, we may offset it against future payments or request repayment.

4.4. A sale is attributed to you if the customer clicks your tracking link and completes the purchase within the cookie window (attribution period) specified in your affiliate dashboard or Annex. If no period is specified, the default is 30 days.

4.5. Commission rates, minimum payout thresholds, and payment schedules are shown in your affiliate dashboard. We will provide reasonable notice of material changes.

4.6. Payments are made monthly, once the minimum threshold is reached. Payments are processed through PayProGlobal (or any successor provider designated by Nektony).

4.7. You are responsible for all applicable taxes, duties, and fees related to your commissions.

4.8. Participation does not guarantee any level of income.

5. INTELLECTUAL PROPERTY

Ownership:

5.1. Nektony owns all rights to its products, services, and everything that goes with them — source code, algorithms, APIs, documentation, designs, Program Materials, user interfaces, trademarks, trade names, logos, domain names, patents (registered or pending), copyrights, know-how, and trade secrets (collectively, “Intellectual Property”). This Agreement does not transfer any of these rights to you.

License to use:

5.2. As long as you comply with this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use approved Nektony Materials solely for promoting Nektony products in accordance with this Agreement and any applicable branding or program guidelines. Any use outside this scope is unauthorized and constitutes infringement.

Product Terms:

5.3. Nektony’s products are subject to our end user terms at the Product Terms. This Agreement does not make you a reseller, distributor, or licensee — only a limited affiliate marketer with promotional rights.

Restrictions:

5.4. You must not:
(a) challenge or attempt to impair Nektony’s ownership of its Intellectual Property;

(b) register or help anyone register any trademark, domain name, social media handle, app name, or other identifier that is identical or confusingly similar to any Nektony IP; or
(c) take any action that dilutes or harms the goodwill associated with Nektony’s brand.

All goodwill from your authorized use of our IP belongs exclusively to Nektony.

5.5. Do not call yourself “official”, “authorized”, or “certified” partner — you are an independent affiliate marketer.

Enforcement:

5.6. Nektony may take any action to protect its Intellectual Property, including against unauthorized use, infringement, piracy, brand bidding violations, misleading advertising, or unfair competition.
This may include:
(a) complaints to marketplaces, registrars, hosting providers, ad networks, social platforms, and payment providers;
(b) takedown notices and cease-and-desist letters; and
(c) civil, administrative, or criminal proceedings.

5.7. You acknowledge that any breach of this Section may cause irreparable harm to Nektony for which monetary damages would be inadequate. Nektony may seek injunctive relief, specific performance, and any other equitable remedies available at law.

Suggestions and feedback:

5.8. If you provide suggestions, ideas, or feedback, Nektony may use them freely, perpetually, worldwide, and without attribution or compensation.

Upon termination:

5.9. Immediately stop using all Nektony Intellectual Property and Materials and remove all references from all websites, platforms, accounts, and properties under your control.

6. COMPLIANCE AND MONITORING

6.1. Nektony may monitor, review, audit, and investigate your compliance at any time, using any method we deem appropriate.

6.2. Upon request, provide copies of or access to your websites, ad accounts, traffic sources, campaign materials, and any other information needed to verify compliance. Respond within the deadline we specify.

6.3. Failure to cooperate with any inquiry, audit, or investigation is a material breach.

7. TERM AND TERMINATION

Without cause:

7.1. Either party may terminate with 30 calendar days’ written notice for any reason.

Breach by Affiliate:

7.2. Nektony may immediately suspend or terminate your participation — without notice — if we suspect:
(a) breach of this Agreement;
(b) fraud, abuse, or manipulation;
(c) reputational, legal, or financial risk; or
(d) that continuation is not in Nektony’s best interests.

7.3. If terminated for breach, fraud, or abuse, Nektony may:
(i) cancel unpaid commissions;
(ii) claw back commissions previously paid;
(iii) impose a hold pending investigation;
(iv) deny future participation.

After any termination:

7.4. Stop all promotional activity immediately. Remove all Nektony links, creatives, and references from all channels.

7.5. Stop using all Nektony branding and materials.

7.6. Accrued obligations (payments owed, indemnification, confidentiality) survive termination.

8. CONFIDENTIALITY

8.1. Keep confidential all non-public information we share with you: commission structures, payout terms, tracking data, conversion data, internal policies, and business strategies.

8.2. Use confidential information only for performing under this Agreement.

8.3. These obligations survive termination for as long as the information remains confidential.

9. INDEMNIFICATION

9.1. You will defend and hold Nektony harmless from claims arising from: your promotional activities, your content, any breach of this Agreement, violation of law, misuse of Nektony IP, fraud, or any third-party claims related to your participation.

9.2. Nektony may assume control of the defense of any such claim at your expense.

10. DISCLAIMER OF WARRANTIES

10.1. The Program, Products, Nektony Materials, tracking links, dashboards, reporting tools, attribution systems, and all related services and software are provided “as is” and “as available“, without warranties of any kind — express, implied, statutory, or otherwise.

10.2. To the fullest extent permitted by law, Nektony disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, availability, uninterrupted operation, security, and earnings potential.

10.3. Specifically, Nektony does not guarantee that:
(a) you will earn any particular amount of commissions or revenue;
(b) any click, impression, lead, conversion, or sale will be tracked, attributed, validated, or deemed eligible for commission;
(c) the Program will be continuous, uninterrupted, secure, or error-free; or
(d) you will generate any revenue or recover any costs from participating in the Program.

10.4. You participate in the Program entirely at your own risk. Performance, traffic, and revenue outcomes are inherently uncertain and depend on factors beyond Nektony’s control.

11. LIMITATION OF LIABILITY

11.1. To the maximum extent permitted by law, Nektony is not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages — including loss of profits, revenue, anticipated savings, goodwill, business, data, or opportunity, and business interruption — regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), and whether or not Nektony was advised of the possibility of such damages.

11.2. Nektony’s total liability under this Agreement is limited to the total commissions actually paid to you during the six (6) months immediately before the event giving rise to the claim.

11.3. These limitations apply regardless of the form of action and survive any failure of the essential purpose of any limited remedy. You acknowledge that they are an essential part of the bargain and reflect a fair allocation of risk between the parties.

12. CHANGES TO THE AGREEMENT AND PROGRAM

12.1. Nektony may update this Agreement upon 30 calendar days’ notice (via website publication and/or email). Your continued participation after the notice period constitutes acceptance.

12.2. Nektony may modify any commercial or operational aspect of the Program — commission rates, payout structures, attribution rules, approved methods, eligibility — on a prospective basis at its discretion.

13. GENERAL

13.1. Governing law: Laws of Ukraine, without regard to conflict of law principles.

13.2. Disputes: First, negotiate in good faith for 60 days. If unresolved, binding arbitration under ICC Rules in Kyiv, in English. May be conducted remotely.

13.3. Assignment: You may not assign this Agreement without our written consent.

13.4. Force majeure: Neither party is liable for delays caused by events beyond reasonable control.

13.5. Relationship: You are an independent contractor. You have no authority to bind Nektony.

13.6. Export compliance: Both parties shall comply with all applicable export control laws.

13.7. Notices: In writing — certified mail, international courier, or email with confirmation of receipt.

13.8. Entire agreement: This Agreement, together with any signed Annex, constitutes the complete agreement.

13.9. Electronic signatures: Annexes may be signed electronically.

EXECUTION

This Agreement is published on Nektony’s official website and constitutes a standing offer. You accept it by:

(a) submitting an application to participate in the Program;
(b) being approved or provisionally accepted;
(c) accessing or using any Program Materials, tracking links, or reporting tools;
(d) promoting Nektony products or services in any manner;
(e) executing an Annex referencing this Agreement; or
(f) otherwise participating in affiliate marketing of Nektony products.

Contact: affiliates@nektony.com