Terms of Use

By accessing, browsing, or using the Afflyin platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the revised Terms.

You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

For the purposes of these Terms:

• "Affiliate" means an individual or entity that promotes products or services through the Afflyin platform in exchange for commissions.
• "Merchant" or "Program Owner" means a business or individual that creates and manages an affiliate program using our Services.
• "Commission" means the payment earned by an Affiliate for successful referrals, conversions, or other qualifying actions.
• "Conversion" means a completed action (such as a sale, lead, or sign-up) that qualifies for commission payment.
• "Content" means all text, images, graphics, logos, audio, video, data, and other materials uploaded, posted, or transmitted through the Services.
• "API" means the application programming interfaces provided by Afflyin for integration with third-party services.

3.1 Account Creation

To access certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password for your account
• Enable two-factor authentication when available
• Immediately notify us of any unauthorized access or security breach
• Not share your account credentials with third parties

3.3 Account Types

Afflyin offers different account types with varying features and capabilities. The specific terms applicable to your account type will be provided during registration and in your subscription agreement.

Afflyin provides a comprehensive affiliate marketing platform that enables:

• For Merchants: Creation and management of affiliate programs, tracking of referrals and conversions, commission management, fraud detection, and analytics.
• For Affiliates: Discovery of affiliate programs, generation of referral links, performance tracking, and commission earnings management.

4.1 Service Availability

We strive to maintain 99.9% uptime for our Services. However, we do not guarantee uninterrupted access and may temporarily suspend Services for maintenance, updates, or emergency repairs.

4.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time. We will provide reasonable notice of material changes that may affect your use of the Services.

You agree not to use the Services to:

5.1 Prohibited Activities

• Violate any applicable laws, regulations, or third-party rights
• Engage in fraudulent, deceptive, or misleading practices
• Generate fake clicks, impressions, or conversions
• Use bots, scripts, or automated tools to manipulate the platform
• Distribute malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Harvest or collect user information without consent
• Send unsolicited communications (spam)
• Promote illegal products, services, or activities

5.2 Content Standards

All content you submit or share through the Services must:

• Be accurate and not misleading
• Comply with applicable advertising and disclosure requirements
• Not infringe on intellectual property rights
• Not contain defamatory, obscene, or offensive material
• Not promote discrimination or hatred

5.3 Enforcement

We reserve the right to investigate and take appropriate action against violations of this policy, including suspension or termination of accounts, removal of content, and reporting to law enforcement authorities.

6.1 Subscription Fees

Access to certain features of the Services requires payment of subscription fees. Current pricing is available on our website. We reserve the right to change our pricing with 30 days' notice.

6.2 Billing

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law or as expressly stated
• You authorize us to charge your payment method for all applicable fees
• Failed payments may result in suspension of Services

6.3 Commission Payments

For Affiliates:

• Commission rates and terms are set by individual Merchants
• Minimum payout thresholds may apply
• Payment schedules are determined by Merchant settings
• We are not responsible for Merchant payment obligations

6.4 Taxes

You are responsible for all applicable taxes related to your use of the Services and any commissions earned. We may collect and remit taxes where required by law.

7.1 Our Intellectual Property

The Services, including all software, designs, text, graphics, logos, and other content, are owned by Afflyin or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

7.2 Your Content

You retain ownership of content you submit to the Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content as necessary to provide the Services.

7.3 Feedback

Any feedback, suggestions, or ideas you provide about the Services may be used by us without obligation to you.

7.4 DMCA Compliance

We respect intellectual property rights and will respond to valid DMCA takedown notices. To report copyright infringement, please contact us at legal@afflyin.com.

8.1 Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

8.2 Data Processing

For Merchants processing personal data through our Services, you acknowledge that you are the data controller and Afflyin acts as a data processor. You are responsible for ensuring compliance with applicable data protection laws.

8.3 Data Security

We implement industry-standard security measures to protect your data. However, no method of transmission over the Internet is 100% secure, and we cannot guarantee absolute security.

8.4 Data Retention

We retain your data for as long as your account is active or as needed to provide Services. Upon account termination, we will delete or anonymize your data in accordance with our data retention policies.

9.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFFLYIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9.3 Third-Party Services

The Services may integrate with or link to third-party services. We are not responsible for the content, policies, or practices of third-party services.

10.1 Termination by You

You may terminate your account at any time by contacting us or using the account settings. Upon termination, you will lose access to the Services and any associated data.

10.2 Termination by Us

We may suspend or terminate your account if you:

• Violate these Terms or our policies
• Engage in fraudulent or illegal activities
• Fail to pay applicable fees
• Pose a security risk to our platform or users

10.3 Effect of Termination

Upon termination:

• Your right to use the Services immediately ceases
• Outstanding payment obligations remain due
• Provisions that by their nature should survive will remain in effect
• We may retain certain data as required by law or for legitimate business purposes

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the decision shall be final and binding.

11.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive the right to participate in class action lawsuits or class-wide arbitration.

11.4 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.