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EnigmaSoft Limited Affiliate Guidelines and Rules Agreement

Effective Date: November 1, 2024

1. Enrollment

In order to apply for a role as an affiliate authorized to market and/or sell EnigmaSoft Limited’s (“EnigmaSoft”) products you (“You” or “Your”) must first (1) sign the Tapfiliate B.V. (“Tapfiliate”) “sign up” form available at https://affiliates.enigmasoftware.com; 2) agree to Tapfiliate’s standard terms at https://tapfiliate.com/terms/ and privacy policy at https://tapfiliate.com/privacy/ may be updated from time to time, the terms of which are hereby incorporated herein by reference as if set forth in full; (3) apply to participate in the affiliate program for EnigmaSoft’s products (as generally described herein, authorized and available from EnigmaSoft from time to time) by providing all the information required also by Tapfiliate; and (4) by accepting the terms of this Agreement from EnigmaSoft (“Agreement” or “Affiliate Guidelines”) and/or its related companies. After receiving Your application, we will review Your application and website and notify You of Your acceptance into the affiliate program for EnigmaSoft’s products or rejection of Your application. We reserve the right to accept or reject Your application in our sole discretion.

2. Website Restrictions

You expressly agree that You, and not EnigmaSoft, are legally liable for any and all of Your participating website(s) (“Your Website”). You further expressly agree that Youfr Website will at all times be in compliance with all regulations and laws, including but not limited to, disclosure laws, consumer laws (such as Federal Trade Commission and similar directives/rulings/laws), privacy laws, EU Digital Markets Act, EU EPrivacy Directive, General Data Protection Regulation (“GDPR”), Generative Artificial Intelligence laws (“AI Laws”), and the United States FTC regulations.

You expressly agree that You and Your Website may not:

  • Infringe on our or any anyone else’s Intellectual Property, publicity, privacy or other rights.
  • Violate or be used to violate any law, rule or regulation.
  • Contain any content that is false, misleading, threatening, harassing, defamatory, denigrating, disparaging, obscene, harmful to minors, or contain nudity, pornography or sexually explicit materials.
  • Contain any malware, viruses, ransomware, Trojans, worms, time bombs, cancelbots, adware, problematic features or programs, or other computer programming routines that are intended to damage, interfere with, cause malfunctions to, surreptitiously intercept or expropriate any system, data, or personal information.
  • Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.
  • Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to our software products, Apps, website, user accounts, or the technology and equipment supporting our website.
  • Mislead customers as to the products or services available on Your Website or on the EnigmaSoft Site or available from EnigmaSoft.
  • Use of any of our Intellectual Property, including but not limited to EnigmaSoft’s Trademarks or copyright-protected legal property as part of the domain or sub-domain. For example, spyhunter.website.com or www.spyhunter-coupons.com for Your Website is strictly prohibited.
  • Attempt to modify, adapt, or translate EnigmaSoft’s SpyHunter product or any other products of EnigmaSoft’s or Enigmasoft’s related companies; nor attempt to disassemble, translate or jeopardize the functionality of products or the websites of EnigmaSoft or its related companies or attempt to discover any source code.
  • In any way participate in spyware, adware or parasite ware techniques for driving traffic or for any other marketing and/or promotional activities.
  • Utilize any practice or technique that in any way plagiarizes, employs theft tactics or otherwise engages in the unauthorized use of the property of others’ websites, marketing materials, promotional materials, and/or products.
  • Utilize any practice or technique that is contrary to or inconsistent with the proper business, commercial and/or operational purposes of EnigmaSoft’s SpyHunter products or that tarnishes or casts EnigmaSoft or any of its products in a negative light or could lead others to view EnigmaSoft in any way in a negative light, including but not limited to creating or assisting in fraudulent charges, generating credit card numbers, employing testbed techniques, as well as any other improper unauthorized practices.

You also expressly agree that You and Your Website shall:

  • Comply with any and all applicable laws, including, without limitation, AI Laws and/or Privacy Laws (such as GDPR and Analogous Laws).
  • Maintain your website and marketing to ensure that they are updated at all times and consistent with EnigmaSoft’s technical, operational, good business, and/or product practices.

We reserve the right to research and investigate Affiliates and their activities and, in our own sole discretion, determine whether or not any of these prohibited practices are in place. Affiliates found in violation of this policy will be immediately terminated from the affiliate program with any unpaid commissions forfeited.

3. Linking to Our Website

Upon acceptance into the affiliate program for EnigmaSoft’s products, links will be made available to You through the https://affiliates.enigmasoftware.com affiliate website." to "Upon acceptance into the affiliate program for EnigmaSoft’s products, links will be made available to You directly from EnigmaSoft. Your acceptance in the affiliate program for EnigmaSoft’s products means You agree to abide by the following:

  • You will only use linking code obtained directly from EnigmaSoft OR from the https://affiliates.enigmasoftware.com affiliate website (as approved by EnigmaSoft) without improper alteration, modification and/or manipulation.
  • All domains that use Your affiliate link must be listed in Your affiliate profile on the https://affiliates.enigmasoftware.com affiliate website.
  • Affiliates may not advertise our products on websites that they do not own, including, for instance, Google Product Search, Amazon, eBay, Wikipedia or Wikipedia-type sites, any online marketplaces, or any comparison shopping engines such as Shopzilla or Pricegabber.
  • Your Website will not in any way copy, resemble, or mirror the look and feel of the EnigmaSoft Site (enigmasoftware.com, spyhunter.com and other EnigmaSoft-related sites - collectively “EnigmaSoft Site” except as may be required by EnigmaSoft for descriptions or disclosures). You will also not use any means to create the impression that Your Website is the EnigmaSoft Site or any part of the EnigmaSoft Site including, without limitation, framing the EnigmaSoft Site in any manner.
  • You may not engage in cookie stuffing or include pop-ups, false or misleading links on Your Website. In addition, wherever possible, You will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
  • You may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain.
  • You may not create any links that lead the customer to a destination site that is not clearly suggested by the content of the starting site.
  • You may not create affiliate tracking links that also contain a tracking link for other referral programs (“Other Referral Programs”). Affiliates are permitted to participate in either the affiliate program for EnigmaSoft’s products or Other Referral Programs but individual links must be specific and exclusive to one of the programs.
  • You may not use Your affiliate links to claim commissions for Your own purchases on the EnigmaSoft Site.
  • You may not present Your Website or marketing materials in any fashion that misrepresents, mispresents, falsely presents or deceptively presents that you are the sponsoring entity of Your site and properly disclose under all applicable laws anyone or which entities other than you are endorsing Your site and whether there are any commissions paid or compensation or remuneration for sponsoring or endorsing Your site.

4. Pay-Per-Click (“PPC”) Guidelines

If You are enrolled in this affiliate program for EnigmaSoft’s products and participate in PPC advertising, You must adhere to our PPC guidelines as follows:

  • You may not use our Intellectual Property, including but not limited to EnigmaSoft’s Trademarks, in sequence with any other competitor or brand name or other keywords that could be misleading or confusing.
  • You may not use our Intellectual Property, including but not limited to EnigmaSoft’s Trademarks, in Your ad title, ad copy, display name or as the display URL.
  • You may not direct link to the EnigmaSoft Site from any PPC ad or use redirects that yield the same result. Your links must be directed to an actual page on Your Website.
  • You may not bid in any manner appearing higher than EnigmaSoft for any search term in position 1-5 in any auction style PPC advertising program.

If You automate Your PPC campaigns, it is Your responsibility to exclude our Trademarks from Your PPC advertising program and we strongly suggest You add our Trademarks as negative keywords. We have a strict NO-tolerance policy on PPC trademark bidding. If You engage in PPC trademark bidding that uses our Intellectual Property and/or Trademarks, we may terminate Your participation in the affiliate program for EnigmaSoft’s products immediately.

5. Coupon Guidelines

If You are enrolled in our affiliate program for EnigmaSoft’s products and Your Website promotes coupon codes, You must adhere to our Coupon Guidelines as follows:

  • You may ONLY advertise coupon codes that are provided to You by EnigmaSoft for its products or that are displayed on the EnigmaSoft Site. Posting any information about how to work around the requirements of a coupon/promotion (i.e. first-time customers only) will result in Your removal from the affiliate program for EnigmaSoft’s products. Coupons must be displayed in their entirety with the full offer and all terms, including valid expiration date and code.
  • If you wish to offer a discount coupon for SpyHunter on your site(s) you must only use discount coupons authorized by EnigmaSoft. DO NOT create coupons on Your own and/or not authorized by EnigmaSoft. You MUST first reach out to EnigmaSoft to arrange for any coupons and EnigmaSoft will work with you to consider your request. Naturally, if your affiliate link is used to purchase SpyHunter with a coupon, your commission will be calculated based on the discounted price after the coupon is applied.
  • You may NOT use any technology or technique that conceals or obscures the coupon code and generates an affiliate click by revealing the code(s).
  • You may NOT advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other advertising campaign.
  • You may NOT give the appearance that any ongoing offer requires clicking from Your Website in order to redeem. For example, if all items on the site have free shipping over $35, You may not turn this into an offer that implies that the customer must click from Your Website to get this deal.

6. Trademarks & Intellectual Property

Upon acceptance into the affiliate program for EnigmaSoft’s products, EnigmaSoft grants You a limited, non-exclusive, revocable, non-transferable, non-assignable, royalty-free right to use certain Trademarks of EnigmaSoft during the term of this Agreement solely to in connection with Your participation in the affiliate program for EnigmaSoft’s products, provided that You shall not: (a) use EnigmaSoft’s Intellectual Property and/or Trademarks in any manner to communicate or suggest any sponsorship or other connection between EnigmaSoft and You other than Your participation in the affiliate program for EnigmaSoft’s products, and (b) harm, damage, denigrate, defame, tarnish or adversely affect EnigmaSoft’s Intellectual Property and/or Trademarks or the reputation or goodwill associated with the same and/or EnigmaSoft’s business. All uses of EnigmaSoft’s Intellectual Property and/or Trademarks by You shall inure to the exclusive benefit of EnigmaSoft. For purposes of this Agreement, EnigmaSoft’s “Intellectual Property and/or Trademarks” mean EnigmaSoft, Enigmasoftware, SpyHunter, RegHunter, the logos and such other names, logos, trade names, trademarks, service marks, trade dress, design marks, brands, copyrights in any designs and other copyrightable subject matter, and other product identifiers of EnigmaSoft and/or any of its products or the products of its related companies, as may be displayed on EnigmaSoft’s website and/or as EnigmaSoft may from time to time notify You to be within the meaning of this Agreement. Upon acceptance into the affiliate program for EnigmaSoft’s products, EnigmaSoft grants to You a limited, non-exclusive, revocable, non-transferable, non-assignable, royalty-free right to use certain banner advertisements, button links, text links, and/or other graphic or textual material (the “Content”) for display and use on Your Website only for the permitted purposes of the affiliate program for EnigmaSoft’s products. These rights immediately terminate upon the expiration or termination of this Agreement.

Your right to use the Content and Trademarks, and/or Intellectual Property of EnigmaSoft or any of its related companies will terminate immediately if You violate any of the terms of this Agreement and such termination shall be in the sole discretion of EnigmaSoft.

You may not subcontract, assign, resell, lease, or sublicense any part of Your participation in the affiliate program for EnigmaSoft’s products or run a sub-affiliate program.

You expressly agree that EnigmaSoft and its related companies retain all right, title, ownership, and interest in EnigmaSoft’s Content, Intellectual Property and/or Trademarks, including any and all copyright, trademark, or other Intellectual Property rights therein and all goodwill related thereto. Nothing in this Agreement shall be construed to grant You any right, title or ownership in the Content, Trademarks, and/or in any of the Intellectual Property, other than the right to use the Content in accordance with this Agreement.

7. Content and Restrictions

EnigmaSoft may make Content available to You to display and use on Your Website provided that the manner of display by You and on Your Website or otherwise in Your marketing, promotions, and/or advertising is based on the express approval of EnigmaSoft and You expressly agree to comply with the following requirements:

  • You may only use the Content to promote EnigmaSoft (and the products available thereon), and for linking to the EnigmaSoft Site.
  • You shall use only such links to the EnigmaSoft Site as are provided to You by EnigmaSoft.
  • You shall not alter, add to, subtract from, or otherwise modify the Content as they are prepared by EnigmaSoft without consent from EnigmaSoft. If You wish to alter or otherwise modify the Content, You must obtain prior written consent from EnigmaSoft for such alteration or modification, which consent may be given or denied based on EnigmaSoft’s sole discretion.
  • For Your presenting any content or material related in any way to any trial or free versions of EnigmaSoft’s SpyHunter and its other products You must properly, fully, and accurately present, describe, and display the same to ensure that all terms of the trial or free versions offered by You for EnigmaSoft’s products are fully and accurately presented in terms and conditions, formatting, layout, and substance to match the terms and conditions for such trial or free versions as offered by EnigmaSoft and its related companies.

You shall not (i) publicly disparage, denigrate, tarnish, libel or defame EnigmaSoft or any of its products and/or services or present them in any way inconsistent with EnigmaSoft’s and/or its related companies brand images; or (ii) in any post, depict the EnigmaSoft brands, or any of its products, in a false or negative light. You shall immediately remove any media or Content that EnigmaSoft requests you to remove for any or no reason whatsoever as determined in the sole discretion of EnigmaSoft. You also shall not allow anyone else or any third-party to post, display or present on Your Website any materials that in any way disparage, denigrate, libel or defame EnigmaSoft or any of its or its related companies products.

You represent and warrant to EnigmaSoft that any content created and supplied by you in connection with this Agreement, will be wholly original material and not published elsewhere (except for material in the public domain or used with permission of its owner), will not infringe any copyright, and will not constitute defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind, of any third party or violate any applicable laws, rules or regulations, including but not limited to Federal Trade Commission rules and regulations and/or any similar laws, or cause a breach of any agreements with any third parties. You also represent and warrant that You will be solely responsible for Your Website, including its development, operation and maintenance and all data, content and materials that appear on or within it.

You hereby consent and grant to EnigmaSoft the irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide right (but not the obligation), to (1) use, copy, perform, reproduce, edit, modify, display, broadcast, distribute, prepare derivative works of (or incorporate into other works), and otherwise exploit any content You create under this Agreement (or any portion thereof) in any form, manner or media now or hereafter known including but not limited to posting or reposting such content across EnigmaSoft’s and its related companies’ digital properties (e.g., on branded websites and social media pages) and using such content for commercial purposes including marketing, advertising, and publicity and (2) use Your name, image, likeness, and username/ handle in connection with, or to reference the fact of, such Content. You understand and agree that You will not have any right to inspect or approve EnigmaSoft’s and/or its related companies’ use of the Content, the Content will not be returned to You, and You will not be paid or otherwise compensated for EnigmaSoft’s and/or its related companies’ use of Your Content. Aside from the rights specifically granted herein, You retain ownership of all rights to Your Content. At any time, EnigmaSoft may re-post or re-feature any of Your Content, and may boost (i.e., pay to promote) any such Content.

8. Review Rights for Materials You Create and Email Campaigns

All promotional messaging and materials used by You containing EnigmaSoft’s Content, Intellectual Property and/or Trademarks shall be subject to EnigmaSoft’s prior written approval. You shall not create, publish, distribute, or print any written or visual materials that make reference to the affiliate program for EnigmaSoft’s products without first submitting that material to us and receiving our prior written consent. If You intend to promote the affiliate program for EnigmaSoft’s products via e-mail campaigns, You must (1) comply with any and all laws for each and every country or market in which You intend to send or present e-mails and (2) adhere to the following:

  • Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to the distribution of any written materials.
  • Abide by GDPR, The European Union E-Privacy Directive, the European Union E-Commerce Directive, the Federal Trade Commission regulations, all AI Laws, and/or all related laws and regulations in all respects.
  • If You use emails in any of Your activities under the affiliate program for EnigmaSoft’s products, such emails must comply with all applicable laws and regulations and must be approved in advance by EnigmaSoft and must be sent by You or on Your behalf and must not state, suggest or imply that the email is being sent on behalf of EnigmaSoft.
  • As noted above, You expressly agree to submit email content to us at affiliates@enigmasoftware.com for written approval in advance of distribution.
  • In addition, Affiliate shall not generate or send any material advertising or promoting any EnigmaSoft and/or its related companies’ products or services via facsimile or engage in any telemarketing activities with respect to EnigmaSoft and/or its related companies’ products or services.

9. Affiliate Commissions

Upon acceptance into the affiliate program for EnigmaSoft’s products, You will be eligible to receive an affiliate commission (the “Commission”) for the successful completion of Eligible Purchases. An “Eligible Purchase” occurs when a customer (not You) clicks-through the link (supplied by EnigmaSoft to You) to the EnigmaSoft Site and successfully completes a purchase for which EnigmaSoft receives and retains payment at a level designated by and acceptable to EnigmaSoft for an Affiliate to earn Commissions and for which there is no refund claimed or issued. The current rates of Commission and the terms and conditions for earning Commissions shall be set forth in Your Tapfiliate account located on the https://affiliates.enigmasoftware.com affiliate website and through the terms and conditions of these Affiliate Guidelines which are binding on You (except and unless EnigmaSoft has agreed in a signed writing to a different rate or term for Your Tapfiliate account. EnigmaSoft reserves the right to modify the Commission rate from time to time, in its sole discretion. EnigmaSoft is responsible for authorizing Commission payments and all Commission payments shall be in accordance with this Agreement. You agree that EnigmaSoft shall be entitled and shall have the express right to withhold, deduct and set off from any payments to be made to You hereunder any sums owed by You to EnigmaSoft, whether in connection with this Agreement (including any breach hereof by You) or otherwise. You expressly agree that Commissions are NOT payable and earned on Free Trial and/or Special Promotional versions offered by EnigmaSoft and that Commissions are only payable and earned on subscriptions purchased at EnigmaSoft’s standard retail price (unless EnigmaSoft agrees in a signed written document to permitting payment of Commissions on purchases at a discounted price which decision shall be in EnigmaSoft’s sole discretion). You further expressly agree that Commissions are not payable or earned on any renewals of subscriptions by users or customers.

These Guidelines for earning commissions have always been based on the principle that commissions would be earned when a customer/user purchase and/or sale is completely successful and the customer payment is secured by EnigmaSoft via EnigmaSoft's standard immediate level gateway payment processor system of payment processing vendors. When successful payments are not secured via EnigmaSoft's standard immediate level gateways and EnigmaSoft is required to expend additional resources, money, expenses, and time itself to secure customer/user payments by engaging additional secondary or additional third-party vendors to secure customer/user payments no commissions shall be earned or due to or payable to affiliates whatsoever.

NOTE: You expressly agree that any and all commissions, compensations and/or remunerations payable to You in connection with Your marketing and/or sales of EnigmaSoft's products shall be payable only in USD currency; which shall mean a payment equivalent to USD currency regardless of which currency You select for Your payment. In the event that Your sales are in currencies other than USD currency, Enigma will use reasonable exchange rates as selected in its sole discretion to calculate the payment due to You. To ensure a streamlined and reliable commission/renumeration process EnigmaSoft uses Trolley Technologies Inc. (https://trolley.com/; see also https://trolley.com/legal-agreements/). Depending upon the payment method You select, applicable Trolley transaction fees will be charged and deducted from Your actual commissions/renumerations amount. To review the potentially applicable fees, which we understand are nominal, contact us at affiliates@enigmasoftware.com. (To the extent Your selected financial institution and/or payment methods may impose fees to receive and/or process Your transactions such fees shall be borne by You.)

10. Reversal & Communication Policy

EnigmaSoft reserves the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and affiliate program for EnigmaSoft’s products violations. Additionally, if we ask You for clarification or more information on any orders or clicks that we suspect may be in violation of this Agreement, we expect that You will respond immediately in a timely and honest manner. Below are violations of our communications policy.

  • You are not forthcoming, intentionally vague or are found to be lying.
  • You are not responsive within a short and reasonable time period as determined solely by EnigmaSoft and after multiple attempts to contact with information listed in Your network profile.
  • You cannot substantiate or validate the source of Your traffic to the affiliate program for EnigmaSoft’s products to the sole satisfaction of EnigmaSoft with clear and demonstrable proof.

If any of the above applies, then we reserve the right to reverse orders, set Your commission to 0% or suspend You from the affiliate program for EnigmaSoft’s products for the period or orders in question and/or immediately terminate You.

11. Disclaimer/Limitation of Liability

YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES RELATED TO THE AFFILIATE PROGRAM FOR ENIGMASOFT’S PRODUCTS OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL ENIGMASOFT, OUR RELATED COMPANIES, AND OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, MEMBERS, DIRECTORS AND LICENSORS (THE “ENIGMASOFT PARTIES”) BE LIABLE TO YOU UNDER THESE TERMS, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES RELATED TO THE AFFILIATE PROGRAM FOR ENIGMASOFT’S PRODUCTS (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR PROFITS OR LOST BUSINESS AND INCLUDING COSTS ASSOCIATED WITH THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF THE ENIGMASOFT PARTIES TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE AFFILIATE PROGRAM FOR ENIGMASOFT’S PRODUCTS OR THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.

ENIGMASOFT DOES NOT WARRANT OR GUARANTEE ANY RESULTS OF PARTICIPATION IN THE AFFILIATE PROGRAM FOR ENIGMASOFT’S PRODUCTS. ALL PRODUCTS, PROGRAMS AND CONTENT HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. YOU RECOGNIZE THAT THESE DISCLAIMERS ARE AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH ENIGMASOFT WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. ENIGMASOFT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY (TO THE EXTENT PERMITTED BY LAW), REGARDING THE PRODUCTS, PROGRAMS AND CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE PRODUCTS, PROGRAMS AND CONTENT SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF ENIGMASOFT WHATSOEVER. THE ENIGMASOFT PARTIES MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

THE ENIGMASOFT PARTIES WILL HAVE NO LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES, FINES, PENALTIES, COSTS AND EXPENSES RELATING TO (A) YOUR WEBSITE OR ANY DATA, CONTENT OR MATERIALS THAT APPEAR ON YOUR WEBSITE; (B) THE USE, DEVELOPMENT, DESIGN, MANUFACTURE, PRODUCTION, ADVERTISING, PROMOTION OR MARKETING OF YOUR WEBSITE; (C) YOUR USE OF ANY CONTENT; AND (D) YOUR VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT.

NONE OF THE ENIGMASOFT PARTIES IS LIABLE FOR ANY FAILURE OF THE PRODUCTS RESULTING FROM: (A) AN ALTERATION, ADDITION, ADJUSTMENT OR REPAIR THAT IS NOT PERFORMED BY ANY OF THE ENIGMASOFT PARTIES, (B) MISUSE, DAMAGE, OR UNLICENSED USE OF THE PRODUCTS BY YOU OR ANY THIRD-PARTY; OR USE OF THE PRODUCTS OTHER THAN IN ACCORDANCE WITH THIS AGREEMENT.

12. Indemnification

You agree to defend, indemnify, and hold harmless us and our affiliates, managers, officers, employees, agents, partners, members, directors and licensors (“Indemnitees”) from and against any claims, actions, damages, or other costs or demands (a “Claim”), including without limitation reasonable attorney’s and accounting fees and legal costs, alleging or resulting in any way from Your participation in the affiliate program for EnigmaSoft’s products, from any activity arising in connection with Your use of our website or service offerings, or Your breach of this Agreement. We shall provide notice to You promptly of any such Claim. You shall also indemnify and hold harmless the Indemnitees from any damage, loss or other cost arising out of the use or misuse by You of EnigmaSoft’s Content, Intellectual Property and/or Trademarks.

13. Termination

Your participation in the affiliate program for EnigmaSoft’s products shall begin upon Your acceptance as an affiliate by EnigmaSoft and shall end when terminated by either party. Either party may terminate such status at any time, with or without cause. Upon termination, all licenses granted to You pursuant to the affiliate program for EnigmaSoft’s products shall cease and You shall use best efforts to immediately remove all codes and links, references on Your Website regarding EnigmaSoft, and cease any and all use of EnigmaSoft’s and/or its related companies’ Content, Intellectual Property, Trademarks and/or any other trade or service marks, trade names, Intellectual Property, or any other items received through or used in connection with such affiliate program for EnigmaSoft’s products. Subject to the section of this Agreement related to order reversals, upon the termination of Your participation in the affiliate program for EnigmaSoft’s products for any reason, You will be entitled to receive Commissions only on Eligible Purchases that occurred prior to such termination. EnigmaSoft reserves the right to terminate the affiliate program for EnigmaSoft’s products at any time upon notice to You.

14. Compliance with Laws

In connection with Your participation in this affiliate program for EnigmaSoft’s products, You agree to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions and other requirements of any governmental authority that has jurisdiction over You, including without limitation laws (federal, state or otherwise) that govern marketing, email marketing, telephone marketing calls and/or text messages.

If You are conducting business in or taking orders from persons in other countries, You will follow the laws of those countries. For example, You will comply with the European Union’s General Data Protection Regulation (“GDPR”), the European Union’s E-Privacy and Electronic Communications Directive, and applicable all AI Laws if You are conducting business in or taking orders from persons in one or more of the European Union countries. You shall comply with all FTC guidance and regulations related to advertising disclosure requirements, and specifically follow the FTC Guidelines and model Your marketing materials in substantively the same fashion as presented by EnigmaSoft for any and all Negative Option type promotions and any and all Free Trial or Trial type promotions. For information and suggestions about how to comply with the FTC’s Endorsement Guidelines, please review the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, the FTC Endorsements website resource and the FTC Dot Com Disclosures. Please note that the FTC guides and resources are only intended to provide guidance. They do not purport to provide legal advice and they do not guarantee that You will be in compliance with FTC regulations if You follow the suggestions presented. You are advised to seek and obtain Your own legal advice on how these rules apply to Your Website or other promotional activities for which You receive compensation.

You shall be responsible for ensuring (i) that You include the relevant disclosures concerning the relationship with EnigmaSoft in connection with all posts, comments, or communications on any emails, website, blog, or social media platform, and (ii) You disclose the compensation received for Your services, in compliance with the Federal Trade Commission’s endorsement rules and if applicable, any applicable restriction in any applicable jurisdiction. If You received the product for free from us or our designated affiliate management team for review, this also must be clearly stated in Your disclosure. For image-heavy platforms, such as Pinterest, Instagram Stories, Snapchat, etc., the hashtag #ad should be on the image or the first image in a series. On video platforms, such as YouTube, verbal disclosure within the video as well as text disclosure in the description must be made. Where space is available, and the disclosure is conspicuous and upfront, then natural language disclosure may be used, such as: “This post may contain a product or affiliate link, which means if You purchase after clicking the link, I may receive compensation.”

You agree that the Software will not be advertised, promoted, marketed, shipped, transferred, or exported into any country or used in any manner prohibited by any applicable export laws, restrictions, or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export-controlled items under the Export Laws, You represent and warrant that You are not a citizen, or otherwise located within, any nation embargoed by the United Nations, the United States and/or the European Union, and that You are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if You fail to comply with the terms of the Agreement.

15. Social Media

Promotion on Facebook, Twitter, and other social media platforms is permitted only if You expressly agree to and follow the below listed general guidelines:

  • You ARE allowed to promote offers to Your own lists; more specifically, you’re welcome to use Your affiliate links on Your own Facebook, Twitter, etc. pages. For example: You may post, “25% off sale at https://spyhunter.com/ through Wednesday with code SH25.”
  • You are PROHIBITED from posting Your affiliate links on EnigmaSoft’s Facebook, Twitter, Pinterest, etc. company pages, or those of its brands such as, but not limited to SpyHunter, in an attempt to turn those links into affiliate sales.

16. Confidentiality

In connection with this Agreement and Your participation in the Program, we may, from time to time, disclose or make available to you certain information that we consider confidential or proprietary, including information consisting of or relating to the affiliate program, other EnigmaSoft IP, or financial information and reports, trade secrets, know-how, business operations, methods, plans, strategies, customers, and pricing, information with respect to which we have contractual or other confidentiality obligations, and information or materials which are of such a nature that You should reasonably understand that we desire to protect such information against unrestricted disclosure or use, in each case whether or not marked, designated, or otherwise identified as “confidential” (collectively, our “Confidential Information”).

Confidential Information does not include any information that: (i) is or becomes generally available to the public other than as a result of Your act or omission; (ii) is obtained by You on a non-confidential basis from a third party that was not legally or contractually restricted from disclosing such information; (iii) was in Your possession, as established by documentary evidence, before disclosure hereunder; or (iv) was or is independently developed by You, as established by documentary evidence, without using any Confidential Information.

You must only use our Confidential Information solely in connection with Your participation in the affiliate program and solely to the extent necessary to fulfill the purpose(s) for which it was provided. You must not disclose or permit access to Confidential Information except with EnigmaSoft’s prior written consent or as otherwise permitted in this Agreement, and You must safeguard the Confidential Information from unauthorized use, access, or disclosure using at least the degree of care You use to protect Your similarly sensitive information, but in any event, with no less than a reasonable degree of care.

If You are required by applicable law or a valid legal order to disclose any Confidential Information, You must, before such disclosure, notify EnigmaSoft of such requirements so that we may seek a protective order or other remedy, and You must reasonably assist us therewith. If You remain legally compelled to make such disclosure, You must: (i) only disclose that portion of the Confidential Information that, in the written opinion of Your legal counsel, You are required to disclose; and (ii) use reasonable efforts to ensure that such Confidential Information is afforded confidential treatment.

On the termination of this Agreement or otherwise at our request, You must promptly return or destroy all Confidential Information in Your possession or control, and destroy all notes containing or that are based on any Confidential Information, and upon our request, certify in writing to us the destruction of such Confidential Information.

For clarity, we retain our entire right, title, and interest in and to all Confidential Information, and no disclosure of Confidential Information hereunder will be construed as a license, assignment, or other transfer of any such right, title, and interest to You or any other person.

17. General

Relationship of the Parties. Each of the parties agrees, represents, warrants, and understands that each party shall be and remain an independent contractor and nothing herein shall be deemed to create an employment relationship between the parties or constitute the parties as partners or joint ventures. Further, the parties shall not have any authority to act, or attempt to act, or represent themselves, directly or by implication, as an agent of the other or in any manner assume or create, or attempt to assume or create, any obligation on behalf of or in the name of the other, nor shall any party be deemed the agent of the other.

Confidentiality. Any information that You are exposed to by virtue of Your participation in the affiliate program, which information is not available to the general public, shall be considered to be “Confidential Information.” You may not disclose any Confidential Information to any person or entity, except where compelled by law, unless You obtain prior written consent for such disclosure from EnigmaSoft. You shall not use any Confidential Information except to the extent necessary to fulfill the purposes of this Agreement.

Severability. If any provision of this Agreement is or becomes invalid or unenforceable under any law of mandatory application, it is the intent of the parties that such provision be deemed severed and omitted from the Agreement, the remaining portions of the Agreement to remain in full force and effect as written.

Assignment. You shall not have the right to assign Your rights, or delegate Your performance, under this Agreement, or any interest herein, without the prior written consent of EnigmaSoft.

Nonwaiver. Any failure by EnigmaSoft to insist upon or enforce performance by You of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and remain in full force and effect.

Relation to Other Agreements. In the event of any conflict or inconsistency between this Agreement, the provisions of this Agreement shall prevail.

Entire Agreement. This Agreement sets forth our entire agreement with respect to Your participation in the affiliate program for EnigmaSoft’s products and the subject matter herein and supersedes all prior written and oral agreements, discussions or representations between You and EnigmaSoft. To the extent that any new, additional terms are to be added in the parties’ relationship such terms must be documented through an Amendment agreed to and signed by all parties.

Modification. We may update the terms of this agreement from time to time by publishing a new version on the https://affiliates.enigmasoftware.com affiliate website, EnigmaSoft’s website and/or by sending notice of any modifications to You via email to the then email address currently associated with Your affiliate account. Such change where posted on websites shall be effective two (2) days after the posting and where by email will be effective on the date specified in such email and will in no event be less than two days after the date the email is sent). Thus, we strongly recommend that you check and review these Affiliate Guidelines on a regular basis to ensure You are knowledgeable about any and all changes, modifications and/or additional terms binding on You. By continuing to participate in the program following our posting of any change notice, revised agreement, or revised documentation, You are agreeing to be bound by this Agreement with its changes. If any modification is unacceptable to You, Your only recourse is to terminate this Agreement by notifying us.

Governing Law; Jurisdiction. The existence, formation, interpretation, operation and termination of the Agreement, and all matters and disputes (whether contractual or non-contractual) related to or connected with the Agreement or its subject matter, is subject to the laws of Ireland. The Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The Irish Courts will have exclusive jurisdiction over all matters and disputes (whether contractual or non-contractual) related to or connected with the Agreement or its subject matter. Nothing in this paragraph shall limit EnigmaSoft's rights to bring enforcement proceedings in another jurisdiction or to seek interim, protective or provisional relief in the courts of another jurisdiction.

Injunctive Relief. Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s Intellectual Property or proprietary rights. You further acknowledge and agree that our Intellectual Property and proprietary rights are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.

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