Affiliate Terms

• PromoteKit provides the software the Merchant uses to run its affiliate program. PromoteKit is not a party to the Merchant's affiliate program or to any agreement between you and the Merchant, and is not your employer, agent, or business partner.
• PromoteKit does not decide whether you are accepted into a program, what you earn, or whether you are paid, and does not guarantee any earnings.

• The Merchant alone sets and may change its program terms, commission rates and rules, eligibility and approval criteria, attribution rules, holding periods, minimum payouts, payout methods and schedule, clawbacks, and whether to suspend or remove you from its program.
• Commissions and any other amounts you earn in a program are owed to you by the Merchant only. PromoteKit does not owe, guarantee, or insure any commission. PromoteKit's only payment obligation to you is the limited obligation described in the Payout Terms for funds PromoteKit actually receives from a Merchant for you through its Stripe payout service.
• Questions or disagreements about your commissions, approval, or payments should be raised with the Merchant. Contact details are usually available in the Portal or in the Merchant's program terms.

Referral tracking depends on factors outside PromoteKit's control, including cookies and browser privacy settings, ad and script blockers, how the Merchant installed tracking, data from payment processors, and the Merchant's settings. Referrals, clicks, conversions, and commissions shown in the Portal may be missed, delayed, or later adjusted, and are shown for information only. They are not a statement by PromoteKit that any amount is owed. Whether and how much you are owed is determined by the Merchant under its program terms.

You agree that any claim that a commission was earned, owed, tracked, attributed, calculated, approved, withheld, reversed, or paid incorrectly, or that you were not paid, is a claim against the Merchant and not against PromoteKit. To the maximum extent permitted by law, you release PromoteKit from those claims. This does not affect PromoteKit's obligation under the Payout Terms to transfer (or return to the Merchant) funds it actually received for you and has not yet transferred.

• The Merchant chooses how you are paid. When a Merchant pays you by PayPal, Wise, bank transfer, or any other method outside PromoteKit's payout service, the Merchant sends the money directly and PromoteKit never holds or transfers it.
• When a Merchant pays you through PromoteKit's Stripe-powered payout service, you must connect a Stripe account, and the Payout Terms and Stripe's Connected Account Agreement also apply.
• You are responsible for providing accurate payout details and for all taxes on amounts you receive.

You agree to:

• Provide accurate information and keep it up to date, and keep your login secure.
• Follow the Merchant's program terms and all applicable laws, including clearly disclosing your relationship with the Merchant when you promote it (for example, as required by the FTC's Endorsement Guides).
• Not engage in fraud or abuse, including self-referrals, fake accounts or sign-ups, cookie stuffing, misleading or false claims, spam, or bidding on the Merchant's brand terms unless the Merchant allows it.
• Not misuse the Portal, including by accessing other users' data, interfering with its security or operation, or using automated means to generate clicks or referrals.

PromoteKit or the Merchant may suspend or close your Portal access, and the Merchant may withhold or reverse commissions under its program terms, if we reasonably believe you have broken these Terms or the program terms.

The information you provide in the Portal, and your referral and commission activity, is shared with the Merchant, which uses it to run its program and is responsible for its own use of it. PromoteKit processes this information on the Merchant's behalf and as described in our Privacy Policy.

The Portal is provided "as is" and "as available". To the maximum extent permitted by law, PromoteKit disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, and does not warrant that the Portal will be uninterrupted or error-free or that referrals and commissions will be tracked or calculated completely or accurately.

To the maximum extent permitted by law: (a) PromoteKit will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, earnings, commissions, or data; and (b) PromoteKit's total liability to you arising out of or relating to the Portal or these Terms will not exceed US $100.

This does not limit PromoteKit's obligation under the Payout Terms regarding funds it actually received from a Merchant for you and has not yet transferred, and does not apply where the law does not allow liability to be limited.

You will indemnify and hold harmless PromoteKit and its owners, officers, employees, and contractors from any third-party claim, and related losses and reasonable legal fees, arising out of your promotional activities, your content, or your violation of these Terms, a Merchant's program terms, or applicable law.

• Informal resolution first. Before starting a claim against PromoteKit, email a description of the dispute to hello@promotekit.com and allow 30 days to resolve it informally.
• Binding arbitration. Any dispute between you and PromoteKit arising out of or relating to the Portal, these Terms, or the Payout Terms that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules, before a single arbitrator. The arbitration may be conducted remotely, and judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this Section.
• Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for misuse of its intellectual property or unauthorized access to the Portal.

Class-action and jury waiver: you and PromoteKit may bring claims against each other only in an individual capacity, not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Both parties waive any right to a jury trial.

• Time limit. Any claim must be brought within one year after it arose, or it is permanently barred, to the extent permitted by law.
• Opt-out. You may opt out of arbitration within 30 days after first accepting these Terms by emailing hello@promotekit.com from your account email with a clear statement that you opt out.
• If the class-action waiver is found unenforceable for a claim, that claim will proceed in court under Section 12 and not in arbitration.

These Terms are governed by the laws of the State of Delaware and applicable US federal law, without regard to conflict-of-laws rules. Subject to Section 11, the state and federal courts located in Delaware have exclusive jurisdiction. Nothing in these Terms removes protections you have under laws that cannot be waived by contract.

We may update these Terms; if a change is material, we will notify you by email or in the Portal before it takes effect and may ask you to accept the updated Terms. Updated Terms do not apply to disputes that arose before they took effect. These Terms, together with the Payout Terms where they apply, are the entire agreement between you and PromoteKit about the Portal. If a provision is unenforceable, the rest remains in effect. Merchants are intended third-party beneficiaries of Sections 2 through 4 and 6; otherwise there are no third-party beneficiaries.

Questions about these Terms can be sent to hello@promotekit.com.