Welcome to Affiliateo

Affiliateo is an affiliate marketing platform that empowers businesses to launch, manage, and scale their affiliate programs. Our mission is to make affiliate marketing accessible and profitable for everyone.

These Terms of Service ("Terms") apply to your use of Affiliateo and all associated services, including our websites, APIs, dashboards, and tools ("Affiliateo" or "Service"). By using Affiliateo, you agree to these Terms and our Privacy Policy.

In these Terms, "we," "us," and "our" refer to NGSMEDIA LLC.

IMPORTANT NOTICE. PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, CERTAIN DISPUTES BETWEEN US WILL BE HANDLED THROUGH MANDATORY BINDING ARBITRATION, NOT COURT, JURY TRIALS, OR CLASS ACTIONS (EXCEPT AS NOTED IN SECTION 14).

1. What is Affiliateo?

Affiliateo provides a platform and tools to help businesses launch, manage, and grow their affiliate marketing programs. Users can operate in two roles: (i) as a business or brand ("Merchant") that creates and manages affiliate programs, and (ii) as an affiliate marketer ("Affiliate") that promotes products or services in exchange for commissions. All products and services promoted through the platform are provided solely by Merchants, and Affiliateo is not responsible for any products or services sold or promoted through the Service.

Affiliateo is not a financial institution. All payment processing services are provided by third-party payment service providers, including Stripe, and their banking partners (collectively, "Financial Partners"). Financial Partners handle all payment transactions and hold funds in accordance with their own terms and policies.

2. Eligibility

You must be at least 18 years old or the minimum age required in your country to enter into a binding contract to use Affiliateo. If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms, and all references to "you" in these Terms include your organization.

By using Affiliateo, you also affirm that you are not prohibited from using U.S. services under applicable sanctions or export laws (for example, you are not located in a country embargoed by the U.S. or listed as a prohibited party).

3. Accounts and Registration

Account Registration

You must provide accurate and complete information when registering for an account. You are responsible for all activity conducted through your Affiliateo account, and you must keep your login credentials confidential. If your account is compromised, notify us immediately at support@affiliateo.com.

Linked Payment Accounts

When linking external payment accounts ("Linked Accounts"), you confirm that you own them and have the right to link them to our Service. By linking a payment account or using Affiliateo's payment features, you agree to abide by the terms and acceptable use policies of our Financial Partners, including Stripe. If a Financial Partner finds you in violation of their rules, they may suspend your payments or account.

Account Verification

In order to access payment services on Affiliateo, including the ability to receive commission payouts or process affiliate payments, you must complete all required identity verification and compliance checks required by our Financial Partners ("KYC Requirements"). This may include providing a government-issued photo ID and a selfie for identity and age verification. If you do not satisfy KYC requirements, you may be unable to receive payouts or your account may be suspended or terminated.

4. Your Privacy

For information about how we collect, use, share, and otherwise process information about you, see our Privacy Policy. By using the Service, you acknowledge that Affiliateo will process your personal data in accordance with the Privacy Policy.

5. Your Use of the Service

Use of Affiliateo

Subject to your compliance with these Terms, you may use and access our Services.

Prohibited Uses

When using Affiliateo, you must comply with these Terms and all applicable laws. You may not:

•Don't do anything illegal. You may not use the Service for any illegal purpose or in violation of any laws.
•Don't commit fraud. You may not engage in fraudulent, deceptive, or dishonest behavior. This includes creating fake affiliate accounts, generating fraudulent clicks or conversions, cookie stuffing, misrepresenting products or services, making deceptive earnings claims, or manipulating tracking data.
•Don't spam. You may not use the Service to send unsolicited communications, engage in spamming, or distribute affiliate links in ways that violate applicable anti-spam laws (such as CAN-SPAM).
•Don't harm Affiliateo. You may not interfere with how the Service works or take actions that harm our platform. This includes uploading viruses, disrupting our infrastructure, reverse engineering the Service, or scraping our services without written consent.
•Don't infringe. You may not infringe, misappropriate, or violate anyone's intellectual property rights or other proprietary rights.
•Don't misuse the service. You may not reproduce, copy, sell, resell, or otherwise exploit any portion of the Service without our express written permission.

Third-Party Services

Using Affiliateo may involve third-party software, products, and services, including payment processors (such as Stripe), analytics providers, and other integrations. Third-party services are subject to their own terms and privacy policies. We are not responsible for their functionality, content, or any issues that arise from your use of them.

Tracking SDK and Visitor Consent (Merchants)

Merchants who install the Affiliateo web tracking script, mobile SDK, or any equivalent integration on their websites or applications acknowledge and agree that:

•The tracking integration writes persistent identifiers to the visitor's device storage and transmits visitor information (including IP address, user agent, approximate geolocation, referrer, and page activity) to Affiliateo for the purpose of affiliate attribution.
•With respect to visitor data collected through the tracking integration, the Merchant acts as the data controller and Affiliateo acts as the data processor, processing visitor data only on the Merchant's instructions and to provide the Service.
•The Merchant is solely responsible for establishing a lawful basis for processing visitor data and for obtaining any consent required by law, including the consent required under the EU ePrivacy Directive (Article 5(3)), the UK Privacy and Electronic Communications Regulations, and the EU/UK General Data Protection Regulation, before the tracking integration loads on visitors located in the EU, EEA, UK, or any other jurisdiction with equivalent rules. This obligation is the same as for comparable analytics tools such as Google Analytics or Meta Pixel.
•The Merchant is responsible for maintaining a privacy notice on its own website or application that accurately describes the use of the Affiliateo tracking integration, the categories of personal data collected, and the role of Affiliateo as a processor, and for handling data-subject access and deletion requests for visitor data it controls.
•To the maximum extent permitted by applicable law, the Merchant agrees to indemnify Affiliateo for claims, fines, or losses arising out of the Merchant's failure to obtain required consent or to provide required notices to its visitors.

Our processor commitments are described in our Data Processing Agreement and our Privacy Policy.

6. Services and Fees

Fees

Creating an Affiliateo account is free, but fees may apply to certain subscription plans, transactions, and premium features. We may update our fee structure from time to time and will provide notice of any changes that affect your current subscription.

Subscriptions

Paid subscriptions are billed in advance on a monthly or annual basis. Subscription fees are non-refundable except as expressly set forth herein. You can cancel your subscription at any time from your account settings, and cancellation will take effect at the end of the current billing period.

Commission Payouts

Affiliates may earn commissions on qualifying sales or actions as defined by the Merchant's affiliate program. Commission rates, payout schedules, and minimum payout thresholds are set by the Merchant. All payouts are processed through our Financial Partners and are subject to applicable verification requirements and applicable laws.

Refunds

We may offer refunds on a case-by-case basis within 7 days of purchase if you have not substantially used the Service. Once you have actively used platform features, refunds are generally not available. Contact support@affiliateo.com for refund requests.

Price Changes

NGSMEDIA LLC reserves the right to change subscription prices at any time. Price changes will be communicated to you in advance and will take effect at the start of your next billing cycle.

7. User Content

User Content Generally

Certain features of Affiliateo allow users to upload, publish, or otherwise submit content to the Service, including affiliate program descriptions, promotional materials, brand assets, and app content ("User Content"). You retain any copyright and other ownership rights that you have in the User Content you post to the Service, subject to the licenses granted in these Terms.

License to Us

You keep full ownership of your content, but we need licenses from you to operate Affiliateo's services. By making content available on Affiliateo, you grant us a royalty-free, non-exclusive, sublicensable, worldwide license to use, copy, reproduce, store, display, transmit, distribute, and modify your content for formatting purposes as needed to operate the Service, including hosting your content, facilitating affiliate programs, and enabling platform features.

Your Responsibilities

You are responsible for ensuring you have all necessary rights to post your content on Affiliateo. You agree not to post content that infringes others' intellectual property or proprietary rights, violates any laws, or is otherwise objectionable. Your content, including any earnings claims or product representations, must be truthful and accurate. Affiliateo disclaims any liability in connection with User Content. You are solely responsible for what you post and the consequences of posting it.

Content Disclaimer

We do not review or control User Content and are not responsible for it. However, we may at any time and without notice remove, edit, or block User Content that violates these Terms, violates others' rights, or is otherwise objectionable. We are not obligated to remove content, and our choice to remove (or not remove) specific content does not mean we endorse it or take responsibility for it.

8. Communications

By using the Service, you agree to receive electronic communications from us, including emails and notifications, as described in our Privacy Policy. You acknowledge that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy legal requirements that such communications be in writing.

Even if you opt out of marketing emails, we may still send you important account or transaction communications (e.g., receipts, security alerts, policy updates, payout notifications) as these are necessary to provide our services to you. It is your responsibility to keep your email address and other contact information current.

9. Termination

Account Deletion

You can permanently delete your account at any time through your account settings.

Account Termination

We may terminate or suspend your Affiliateo account at any time, with or without notice, if you violate these Terms, any Affiliateo policy, or for any other reason, at our sole discretion. If we terminate or suspend your account and you believe it was in error, you may contact us at support@affiliateo.com. We may review such requests at our discretion, but are not obligated to reinstate an account.

Effects of Termination

When your account is terminated:

•Your account access will be removed and you will no longer be authorized to access the Service.
•You are still responsible for any fees or charges that accrued before your account was closed.
•Any pending commissions may be forfeited if your account was terminated for violating these Terms.
•You may lose access to any User Content, app data, and analytics. You are solely responsible for keeping copies of any data you wish to retain.

Post-Termination Funds

If your account is terminated or suspended, we may use any pending commission balance to cover damages, chargebacks, fees, fines, or other amounts you owe. If we reasonably determine that any funds were generated through fraud, illegal activity, or other unauthorized sources, we or our Financial Partners may withhold those funds and cooperate with law enforcement as required by law.

Survival

Sections 9 (Termination), 10 (Ownership), 11 (Disclaimer of Warranties), 12 (Indemnity), 13 (Limitation of Liability), 14 (Disputes and Arbitration), and 16 (General Terms) survive termination, as well as any payment obligations you may have.

10. Ownership of Service

The Service is owned, operated, and provided by NGSMEDIA LLC and its affiliates, licensors, and service providers (collectively "Providers"). We and our Providers retain all rights, title, and interest, including intellectual property rights, in and to the Service. Other than the rights of access and use expressly granted in these Terms, these Terms do not grant you any right, title, or interest in or to our Services. Affiliateo's name, logos, and all product or service names associated with the Service are trademarks of NGSMEDIA LLC. You may not use them without our prior written permission.

We may add, remove, or modify any part of the Service at any time, temporarily or permanently. We will try to notify you of major changes, but we cannot always do so.

Feedback. We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.

11. Disclaimer of Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY SUCH ISSUES WILL BE CORRECTED.

AFFILIATEO IS A PLATFORM THAT FACILITATES AFFILIATE MARKETING. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS, EARNINGS, OR CONVERSION RATES. ALL AFFILIATE PROGRAMS AND PRODUCTS ARE PROVIDED SOLELY BY MERCHANTS. WE HAVE NO LIABILITY FOR ANY PRODUCT'S USE, FUNCTION, QUALITY, OR DISPUTES. YOU UNDERSTAND THAT ANY PRODUCT-RELATED OR COMMISSION-RELATED CLAIM IS SOLELY BETWEEN YOU AND THE APPLICABLE MERCHANT OR AFFILIATE.

YOU USE THE SERVICE AT YOUR OWN RISK. SOME JURISDICTIONS MAY PROVIDE CERTAIN STATUTORY WARRANTIES. NOTHING IN THESE TERMS IS MEANT TO OVERRIDE THOSE RIGHTS IF THEY APPLY TO YOU. THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Indemnity

You agree to defend, indemnify, and hold harmless NGSMEDIA LLC and its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (the "Affiliateo Entities") from any third-party claim, liability, damage, loss, and expense (including attorneys' fees) arising from: (a) your unauthorized use or misuse of the Service; (b) your violation of these Terms, any applicable law, or regulation; (c) your infringement of any third-party right, including intellectual property or privacy rights; (d) any dispute between you and another user, Merchant, or Affiliate; or (e) any claims arising from your affiliate marketing activities, including deceptive advertising or earnings misrepresentation.

We reserve the right to assume the exclusive defense of any claim (at our own cost), and you agree to cooperate with our defense. If we do so, you will still indemnify us as required by this section.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AFFILIATEO ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST COMMISSIONS, GOODWILL, DATA, OR ANY INTANGIBLE LOSSES), ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS UNDER THESE TERMS IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) $100.

YOU MUST BRING ANY CLAIM WITHIN ONE YEAR OF THE EVENT GIVING RISE TO THE DISPUTE. AFTER THAT, YOU PERMANENTLY WAIVE THE RIGHT TO PURSUE ANY CLAIM RELATED TO THOSE EVENTS.

14. Dispute Resolution and Arbitration

YOU AND US AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

Informal Dispute Resolution

Before either of us files a claim against the other, we both agree to try to resolve the dispute informally. You agree to do so by sending us notice at support@affiliateo.com providing (1) your name; (2) the email address associated with your account; (3) a detailed description of the issue; and (4) how you'd like to resolve it. If we are unable to resolve a dispute within 60 days, either of us has the right to initiate arbitration.

Mandatory Arbitration

You and us agree to resolve any claims arising out of or relating to these Terms or our Services (a "Dispute") through final and binding arbitration. You may opt out of arbitration within 30 days of account creation by sending written notice to NGSMEDIA LLC, 312 W 2nd St 4192, Casper, WY 82601. We will pay all arbitration filing and arbitrator fees for claims totaling less than $10,000, unless the arbitrator finds your claim to be frivolous. The Federal Arbitration Act ("FAA") will govern the interpretation and enforcement of these arbitration terms.

Class and Jury Trial Waivers

YOU AND US AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND MAY NOT BE BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, AND REPRESENTATIVE ACTIONS ARE PROHIBITED. YOU AND US KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM.

Exceptions

You or we may bring claims (a) in small claims court if within its jurisdiction, or (b) for injunctive or equitable relief to prevent unauthorized use or intellectual property infringement.

15. Copyright Complaints

We respect the intellectual property rights of others and expect users of Affiliateo to do the same. If you're a copyright owner or authorized to act on behalf of one, you can report alleged copyright infringements by emailing support@affiliateo.com.

In accordance with the DMCA and other applicable laws, Affiliateo will, in appropriate circumstances, terminate users who are repeat infringers of intellectual property rights. Please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to us for certain costs and damages.

16. General Terms

Changes to These Terms

We may revise and update these Terms from time to time. If you continue to access the Services after we post the updated Terms, then you agree to the updated Terms. If you do not accept the updated Terms, you must stop using our Services.

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms incorporated herein, constitute the entire agreement between you and NGSMEDIA LLC regarding your use of the Service, and supersede any prior agreements or understandings on this subject.

Severability

If a particular Term or portion of these Terms is not valid or enforceable, this will have no effect on any other Terms.

No Waiver

Any delay or failure on our part to enforce a provision of these Terms is not a waiver of our right to enforce them later.

No Assignment

These Terms may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction.

Governing Law

New York law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of New York, New York.

Export Compliance

You agree to comply with all U.S. and international export control and sanctions laws in using the Service. You represent that you are not on any restricted party list and not using the Service from within any embargoed or sanctioned country.

No Third-Party Beneficiaries

These Terms do not confer any rights or remedies on any third party.

Notice to California Residents

If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service.

Contact Us

For questions or comments about these Terms of Service, please contact:

NGSMEDIA LLC

312 W 2nd St 4192
Casper, WY 82601

Email: support@affiliateo.com
Website: affiliateo.com