Affiliate program terms

1. Purpose and Acceptance

These terms govern your participation in the affiliate program of Upkyo, the trade name of a Limited Liability Company organized under the laws of the State of New Mexico, USA, company number 6867626. By signing up or using an affiliate link, you accept them in full.

They supplement our Terms of Service, Acceptable Use Policy, and Privacy Policy, which also apply to you. If you act on behalf of a business, you represent that you are authorized to bind it, and “affiliate” then refers to that business.

2. Sign-Up and Approval

You sign up through the client area. You must be of legal age, provide accurate and current information, and not be subject to economic sanctions or located in a country under a U.S. embargo.

Upkyo approves or rejects each application at its sole discretion and is not required to give a reason. We may ask for more information about your promotional channels and review your approval at any time. Unless agreed in writing, each person or business may hold only one affiliate account.

3. Affiliate Link and Tracking

Once approved, you receive a personal affiliate link or ID. Orders are attributed according to the rules of Upkyo’s tracking system, described in the client area, which may rely on cookies or technical identifiers.

The tracking data recorded by Upkyo is final for the purpose of calculating commissions. No commission is owed when a sale could not be attributed, including because the visitor blocked or deleted cookies, used another device or link, or because of a technical issue. Upkyo is not responsible for lost tracking.

4. Eligible Orders

An order is eligible when it is placed by a new customer through your link, covers a service marked as eligible for commission in the client area, and has been paid in full. The list of eligible services and any exclusions is the one shown in the client area at the time of the sale.

Unless the client area states otherwise, renewals, upgrades, domain registration or transfer fees, third-party licenses and services, and NordVPN resale do not earn commissions.

5. Orders That Do Not Earn Commissions

No commission is paid on orders that are canceled, unpaid, fully or partly refunded, including under the 30-day money-back guarantee, or subject to a chargeback.

The same applies to fraudulent or suspicious orders, orders placed by you or a related person, and orders obtained through any method that violates these terms. Upkyo alone determines whether an order is fraudulent or improper.

6. Commission Amounts

The commission rate or amount is the one shown in the client area at the time of the sale. Unless stated otherwise, it applies to the amount actually collected by Upkyo, excluding taxes and after discounts, credits, and fees.

Upkyo may change rates at any time for future sales. A change does not affect commissions already earned on earlier sales.

7. Pending Period

Each commission stays pending until the refund period for the relevant service has expired, including the 30-day money-back period for hosting, and until payment has been finally collected.

At the end of that period, the commission is approved if the order still meets the eligibility requirements. A pending commission is not a payable amount.

8. Payout Threshold and Methods

Approved commissions are paid once their total reaches the threshold shown in the client area, using the methods and schedule described there. Amounts are stated in euros.

You must provide accurate payout details. Any conversion or transfer fees charged by your bank or payment provider are your responsibility. Upkyo may hold any payout until the required tax information has been provided, or while suspected fraud or a breach is under review.

9. Recovery of Unearned Commissions

If a commission was paid for an order that is later refunded, charged back, found to be fraudulent or ineligible, or paid in error, Upkyo may deduct that amount from your future commissions or ask you to repay it, which you agree to do within a reasonable time.

This right survives the end of your participation in the program.

10. Self-Referrals and Related Accounts

You may not use your link for your own purchases or those of your business, your family, or anyone acting on your behalf, and you may not create multiple or fake accounts to generate commissions.

Any self-referral voids the related commissions and may lead to removal from the program.

11. Prohibited Promotional Practices

You may not: buy search or social media keywords or ads that include the Upkyo brand, its variations, or misspellings, or bid on those terms; register or use domain names, accounts, or handles that contain the Upkyo brand; send unsolicited messages by email, text, messaging apps, or social media; or engage in cookie stuffing, forced clicks, hidden windows or frames, automatic redirects, or adware.

You also may not publish fake reviews, testimonials, or comparisons; offer promo codes or discounts not provided by Upkyo; pay for or incentivize clicks or sign-ups without written approval; present yourself as Upkyo or an official representative; or promote Upkyo on channels that are unlawful, misleading, hateful, violent, or sexually explicit.

12. Accurate Communications

Your content must be accurate, current, and consistent with the information published on upkyo.com. You may not advertise prices, features, or guarantees that differ from those shown by Upkyo, or make any commitment on Upkyo’s behalf.

You are solely responsible for the content you publish and the statements you make.

13. Disclosure of the Affiliate Relationship

You must clearly and conspicuously disclose that you earn a commission when your audience buys through your links. The disclosure must appear close to the link or recommendation, before the reader clicks, and within the post or video itself on social media. A notice on a separate page is not enough.

This requirement comes in particular from the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, as well as consumer protection rules in the European Union and in your country. Your reviews must reflect your honest opinion and actual experience.

14. Use of the Upkyo Brand

Upkyo grants you a limited, non-exclusive, non-transferable, revocable license to use its name, logo, and the materials it provides, solely to promote its services as part of the program and without modifying them.

You may not suggest any partnership, sponsorship, or endorsement beyond your status as an affiliate. Upkyo may ask you to remove or change any content at any time, and you agree to do so promptly. All rights in the Upkyo brand remain with Upkyo.

15. Independent Contractor Status

You act as an independent contractor. These terms do not create any employment, agency, partnership, franchise, or joint venture relationship between you and Upkyo.

You have no authority to bind Upkyo. You alone bear your expenses, advertising costs, and business risks.

16. Taxes and Tax Forms

You are solely responsible for reporting and paying all taxes, social contributions, and other charges due on the commissions you receive, as well as for your own VAT or sales tax obligations.

Where U.S. tax rules require it, Upkyo may ask you for a Form W-9 if you are a U.S. person for tax purposes, or a Form W-8BEN or W-8BEN-E otherwise, file the information returns required by the Internal Revenue Service, and apply any withholding required by law. No payout is due until the requested forms have been provided.

17. Legal Compliance and Personal Data

You must comply with all laws that apply to your promotional activities, including those on advertising, consumer protection, anti-spam such as the CAN-SPAM Act, data protection such as the GDPR, cookies, and economic sanctions. You are responsible for any data you collect from your audience.

Upkyo processes your affiliate data in accordance with our Privacy Policy. You receive no personal data about the customers you refer, other than the statistics available in the client area.

18. Confidentiality

Non-public information about the program, including special terms, negotiated rates, and statistics, is confidential. You may not disclose it without Upkyo’s written consent.

19. Suspension, Removal, and Termination

Upkyo may suspend or terminate your affiliate account at any time, with or without cause. If you breach these terms, commit fraud, or harm Upkyo’s reputation, termination is immediate and all unpaid commissions are forfeited.

You may leave the program at any time through the client area or by writing to support@upkyo.com. Absent a breach, approved commissions that reach the payout threshold will be paid on the usual terms. Once your participation ends, you must stop using your links and the Upkyo brand.

20. Changes to or End of the Program

Upkyo may change these terms, the rates, the payout threshold or methods, or end the program. Changes are announced by email or in the client area and take effect on the date stated. If you keep participating after that date, you accept the new terms.

If the program ends, commissions approved as of the end date will be paid under the terms then in effect, subject to the recovery rights described above.

21. Disclaimer of Warranties

The program, links, tracking system, and materials are provided “as is.” Upkyo does not guarantee any level of income, sales, or conversions, or that the tracking system will operate without interruption or error.

To the extent permitted by law, Upkyo disclaims all implied warranties, including merchantability and fitness for a particular purpose.

22. Limitation of Liability

To the extent permitted by law, Upkyo will not be liable for any indirect, consequential, or special damages, or for any loss of profits, revenue, data, or opportunity related to the program.

Upkyo’s total liability under the program is limited to the commissions paid to you in the 12 months before the event giving rise to the claim.

23. Indemnification

You agree to defend, indemnify, and hold harmless Upkyo, its officers, employees, and partners from any claim, loss, judgment, or expense, including reasonable attorneys’ fees, arising from your content, your promotional practices, a breach of these terms, or a violation of the law or third-party rights.

24. Governing Law, Disputes, and Terms of Service

These terms are governed by the laws of the State of New Mexico and U.S. federal law. The provisions of our Terms of Service on individual arbitration, class action waiver and its opt-out, force majeure, severability, entire agreement, and assignment apply to the program.

If these terms conflict with the Terms of Service, these terms control with respect to the affiliate program. If translations differ, the English version controls.

25. Contact

For any question about the program: support@upkyo.com, or open a ticket in your client area.

Mailing address: Upkyo, 1178 Broadway, 3rd Floor #1249, New York, NY 10001, USA.