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By signing up to be an Affiliate in the Novita Affiliate Program, you agree to be bound by the following terms. These Novita Affiliate Program Terms ("Agreement") constitute a legal agreement between Novita AI ("Novita AI”, “we" or "us") and You ("Affiliate" or "You"). This Agreement governs your participation in the Novita Affiliate Program.

If you do not agree to these Terms, our Terms of Service and Privacy Policy in their entirety, please do not participate in the Program.

The Program is administered by Novita AI (‘we,’ ‘us’, ‘Novita AI’). Novita AI reserves the right to change the terms or terminate the Program at any time in its sole discretion. Your participation in the Program is completely voluntary.

1. Eligibility

- You must submit all required information accurately during enrollment, including but not limited to legal entity name, contact information, and business identification details.

- Novita AI may reject or revoke Affiliate status for reasonable cause, including but not limited to non-compliance with these Terms, violation of applicable laws, or conduct that may harm Novita AI's reputation or business interests

2. Obligations

2.1 Compliance with Laws

As a participant in the Novita AI Affiliate Program, you agree to comply with all applicable local, national, and international laws and regulations. This includes, but is not limited to, laws related to advertising, data protection, consumer rights, and online marketing.

Failure to comply may result in suspension or termination of your participation in the program, and you may be held responsible for any resulting legal or financial consequences.

2.2 Promotion

- You are responsible for presenting Novita AI’s products and services accurately, without misrepresenting their capabilities or pricing.

- You may not use deceptive, misleading, or unethical practices to market or promote Novita AI’s products and services.

2.3 Prohibited Conduct

You shall not:

- Engage in any conduct that may harm the reputation, credibility, or goodwill of Novita AI.

- Promote Novita AI through unauthorized communications.

- Make false and misleading claims about Novita AI’s products, services, pricing, or performance.

3. Fraudulent and suspicious behavior

You must comply with all applicable laws and regulations, including but not limited to privacy laws and anti-spam legislation. Any legal violations will be your sole responsibility, and you will be liable for any damages caused to Novita AI as a result.

Novita AI strictly prohibits the use of spam in any form. This includes, but is not limited to, sending unsolicited messages, using purchased email lists, or promoting referral links through dishonest or deceptive practices. Engaging in such behavior, or harassing others through promotional efforts, may result in immediate removal from the affiliate program and possible termination of your Novita AI account.

You are also prohibited from using fake email accounts, false identities, or other manipulative tactics to obtain referral rewards. If Novita AI determines that your actions compromise the fairness or integrity of the program, we reserve the right to deny commissions, remove you from the program, and withhold future participation.

4. Commission

4.1 Commission Eligibility

Commissions are earned based on "successful referrals", as defined solely by Novita AI.

Novita AI reserves the right to determine what constitutes a successful referral and may update or modify this definition at any time, at its sole discretion.

Affiliate commissions are only earned from non-discounted credit top-ups. Transactions involving promotional discounts or coupons are excluded from commission calculations.

Novita AI Baremetal products are not eligible for affiliate commissions under any circumstances.

4.2 Rates

Novita AI reserves the right to modify commission rates at any time, with prior notice, as outlined in Section 6 below.

4.3 Payment logistics

All commission payments will be processed through Tapfiliate.

You are solely responsible for providing accurate and up-to-date payment and personal information necessary for fund transfers.

Any fees associated with the transfer of funds, including but not limited to transaction fees, currency conversion charges, and other banking or intermediary fees, shall be borne entirely by you.

5. Modifications to the Program

Novita AI reserves the right to modify or update the affiliate program, including but not limited to its structure, commission rates, and benefits, at any time and at its sole discretion.

Your continued participation in the program after receiving notice of any modifications will constitute your acceptance of those changes.

6. Confidentiality & Privacy

If you receive any confidential or proprietary information from Novita AI, you agree to use such information solely for the purpose of participating in the affiliate program. You must keep this information strictly confidential and must not disclose it to any third party without prior written consent from Novita AI.

You shall handle any personal data in strict compliance with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and other relevant privacy legislation. You agree to: (a) process personal data only as necessary for affiliate program participation; (b) implement appropriate security measures; (c) not transfer personal data to third parties without express consent; and (d) promptly notify Novita AI of any data breaches.

7. Termination

Novita AI reserves the right to terminate your participation in the affiliate program at any time and for any reason, including but not limited to a violation of these terms.

You may also choose to withdraw from the Novita AI Affiliate Program at any time and for any reason.

All commissions accrued up to the date of termination will be settled, unless you voluntarily forfeit them.

8. Limitations of Liability

In no event shall Novita AI, its affiliates, directors, employees, or agents be liable to you or any third party for any direct, indirect, incidental, consequential, exemplary, special, or punitive damages, including but not limited to lost profits, lost revenue, lost data, or other damages arising out of or relating to your participation in the affiliate program, regardless of whether Novita AI was aware or should have been aware of the possibility of such damages.

9. Disclaimer

Novita AI makes no warranties or representations regarding the affiliate program, including but not limited to the accuracy, reliability, or completeness of any information provided. Participation in the affiliate program is at your own risk.

10. Miscellaneous

10.1 Assignment

You must not assign or transfer this Agreement, or rights or obligations under it, without prior written consent from Novita AI.

10.2 Governing Law

These Affiliate Program Terms of Service shall be governed by and construed in accordance with the same governing law and jurisdiction provisions as set forth in the Novita AI Terms of Service. By participating in the Novita AI Affiliate Program, you agree to be bound by those provisions with respect to any disputes or claims arising from or related to this program.

10.3 Relationships

Your participation in the Novita AI Affiliate Program does not create any partnership, joint venture, agency, employment, or fiduciary relationship between you and Novita AI. You are participating as an independent contractor, and nothing in these Terms shall be interpreted as granting you the authority to make or accept any offers, representations, or commitments on behalf of Novita AI.

10.4 Entire Agreement

These Affiliate Program Terms of Service, together with Novita AI's Terms of Service and Privacy Policy, constitute the entire agreement between you and Novita AI with respect to your participation in the Affiliate Program. They supersede all prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to the subject matter herein.