Effective Date: August 14, 2026
1. SCOPE AND APPOINTMENT
1.1. Scope.
These Affiliate Terms ("Affiliate Terms") apply to any User ("Affiliate") approved by the Provider to promote the Platform via tracking links in exchange for a referral commission.
1.2. Independent Contractor (Commercial Status).
The Affiliate is an independent contractor, not an employee, agent, partner, or franchisee.
(a) Commercial Purpose: Affiliate participates for commercial purposes and is not acting as a consumer. You acknowledge that consumer protection laws designed for personal/household use do not apply to this Agreement.
(b) No Fiduciary Duty: Nothing in these Affiliate Terms creates any agency, partnership, joint venture, or fiduciary relationship between the Affiliate and the Provider.
(c) No Authority: You have no authority to make binding representations, warranties, or offers on behalf of the Provider. You may not represent yourself as "Pinkdude" or an employee of Pinkdude.
1.3. Approval and Revocation.
Participation is at the sole discretion of the Provider. We may reject or revoke Affiliate status at any time, at our sole discretion, without liability.
1.4. Non-Exclusivity.
Participation in the Affiliate Program is non-exclusive. The Provider may operate its own marketing campaigns, engage other affiliates, or promote the Platform through any channel without obligation to the Affiliate.
1.5. Program Modification and Sunset.
The Provider reserves the right to modify commission structures, attribution models, eligibility requirements, payout schedules, or discontinue the Affiliate Program at any time.
(a) Notice: The Provider will use commercially reasonable efforts to provide advance notice of material changes where practicable; however, no specific commission structure is guaranteed for any duration.
(b) No Compensation: Affiliates are not entitled to compensation, damages, or indemnity for program modifications or termination.
1.6. Private Program Authority.
The Provider reserves the right to operate invitation-only or private affiliate arrangements with customized commission structures that differ from the public Affiliate Program. The existence of such private programs does not create an entitlement for public Affiliates to receive similar terms.
1.7. No Employment Benefits.
Affiliates are not entitled to wages, benefits, insurance, paid leave, or other employment protections. You are solely responsible for your own business expenses, equipment, and operations.
2. PROMOTION AND RESTRICTIONS (THE "RULES OF ENGAGEMENT")
2.1. Prohibited Traffic Sources.
To protect the Provider’s brand and domain reputation, you may NOT generate traffic or referrals via:
(a) PPC Bidding on Trademarks: Bidding on keywords containing "Pinkdude," "Pink Dude," or misspellings thereof on Google Ads, Bing, or social platforms.
(b) Spam: Unsolicited email (violating CAN-SPAM or GDPR), SMS spam, or comment section spamming.
(c) Cookie Stuffing: Using iframes, invisible pixels, or scripts to set tracking cookies without a conscious click by the user.
(d) Coupon Scams: Posting links on "Coupon Sites" claiming to offer non-existent discounts to capture "last click" attribution.
2.2. Restricted Promotional Methods (Brand Protection Firewall).
Affiliate may NOT:
(a) Domain Mimicry: Register domains, subdomains, or social handles containing the Provider’s trademarks or confusingly similar variations (e.g., pinkdude-discounts.com).
(b) Impersonation: Create websites, landing pages, or ads that appear to be operated by the Provider (e.g., copying our CSS, logo placement, or "Official Site" terminology).
(c) Trademark Hijacking via Redirects: Use redirects from trademark-containing domains to affiliate links.
(d) Toolbar / Extension Injection: Use browser extensions or injected scripts that overwrite attribution without user intent.
(e) AI-Generated Deception: Publish automatically generated content designed primarily to manipulate search rankings (SEO spam) without delivering substantive value to users.
2.3. Paid Advertising Pre-Approval.
Affiliates engaging in paid advertising must obtain prior written approval before launching campaigns referencing the Provider.
(a) Brand Safety: The Provider reserves the right to require negative keyword lists and enforce brand safety restrictions.
(b) Compliance: Failure to comply may result in immediate termination and commission forfeiture.
2.4. FTC/Regulatory Disclosure.
You must clearly and conspicuously disclose your relationship with the Provider.
(a) Mandatory Tag: You must use hashtags like #ad or #sponsored or text stating "I earn a commission if you click this link."
(b) Compliance: You agree to comply with the US FTC Guides Concerning the Use of Endorsements, EU Unfair Commercial Practices Directive, and UK CMA guidance.
2.5. No Self-Referrals.
The Affiliate Program is for referring NEW customers.
(a) Ban: You may not use your own affiliate link to purchase Services for yourself, your own company, or immediate family members.
(b) Penalty: Self-referrals will be voided, and your Affiliate Account may be permanently banned.
2.6. Geographic and Sanctions Restrictions.
Affiliate may not promote the Platform in jurisdictions where such promotion would violate applicable law, regulatory requirements, or economic sanctions laws (including OFAC, EU Sanctions, or UK Treasury lists). The Provider may restrict promotional activity in specific regions at its reasonable discretion.
2.7. Keyword Governance.
The Provider reserves the right to designate restricted keywords or marketing phrases that Affiliates may not target in paid advertising campaigns. This includes specific competitor comparisons or generic terms that the Provider wishes to reserve for its own marketing efforts.
2.8. Synthetic Traffic Prohibition.
Traffic, leads, or conversions generated through automated systems, artificial intelligence agents, traffic exchange networks, bot activity, or synthetic user behavior are strictly prohibited unless expressly authorized in writing by the Provider. We reserve the right to void commissions on any traffic that does not represent genuine human intent.
2.9. Ecosystem Conflict.
The Provider reserves the right to restrict or terminate Affiliate participation where the Affiliate simultaneously operates as a Marketplace seller, Reseller, or other program participant in a manner that creates financial risk, regulatory exposure, or incentive conflicts. This includes, but is not limited to, self-promoting Marketplace listings to farm commissions ("Circular Revenue").
2.10. Incentive Stacking Prohibition.
Affiliates may not combine referral incentives with rebates, cashback, discounts, credits, or third-party rewards without prior written authorization. The Provider reserves the right to deny commissions on transactions where multiple incentives have been stacked to erode Platform margins.
3. COMMISSIONS AND PAYOUTS
3.1. Tracking and Attribution.
(a) Cookie Duration: Commissions are tracked via browser cookies (e.g., 30-day duration). If a user clears their cookies or uses a different device, the referral cannot be tracked, and no commission is due.
(b) Last Click Wins: If a user clicks multiple affiliate links, the last affiliate link clicked prior to registration shall receive the credit.
(c) Conclusive Data: The Provider’s tracking data is final and conclusive.
3.2. Discretionary Nature (No Property Interest).
Commissions are discretionary incentives and do not constitute wages, revenue share, partnership profit, or vested economic rights. The Provider pays commissions solely to encourage new customer acquisition, not as a division of platform revenue. The Affiliate has no property interest in any commission until it is approved for payout.
3.3. Payout Thresholds and Identity Verification.
(a) Minimum Threshold: Commissions are paid only when your accrued unpaid balance exceeds the minimum threshold (e.g., €50.00).
(b) Net-60 Schedule: Payouts are processed on a delayed schedule (e.g., 60 days after the end of the month) to account for refunds and chargebacks.
(c) Identity Verification (KYC): The Provider may require identity or business verification (KYC) before approving payout eligibility. Failure to provide valid identification upon request will result in forfeiture of commissions.
3.4. Program Cap Authority.
The Provider reserves the right to cap commissions for any Affiliate whose volume creates disproportionate financial risk or operational dependency. We may impose monthly earning limits or restructure commission rates for high-volume Affiliates at our reasonable discretion.
3.5. Refunds and Chargebacks ("Clawbacks").
If a referred customer requests a refund or issues a chargeback:
(a) Deduction: The commission previously credited for that sale will be deducted ("clawed back") from your current or future balance.
(b) Negative Balance: If clawbacks create a negative balance, you must earn new commissions to cover the deficit before receiving further payouts.
3.6. Commission Abuse Safeguard.
The Provider reserves the right to delay, adjust, or deny commissions where referral behavior suggests abnormal conversion rates, incentive manipulation, coordinated referrals, traffic laundering, or attribution gaming. The Provider’s determination shall be reasonable and made in good faith.
3.7. No Recurring Rights.
Unless explicitly stated in a separate written agreement, commissions apply only to qualifying transactions defined by the Provider at the time of payout. Affiliates have no vested right to ongoing or lifetime commissions from any referred customer. The Provider may modify eligibility rules for recurring commissions at any time.
3.8. Post-Payout Adjustments.
The Provider reserves the right to correct commission payments made in error, including after payout, and may invoice the Affiliate or offset future commissions to recover overpayments.
3.9. No Guaranteed Earnings.
The Provider makes no representations or guarantees regarding potential income, conversion rates, or financial success in the Affiliate Program. Any examples of earnings provided by the Provider are hypothetical or historical references only and not a guarantee of future performance.
3.10. Commission Validation.
All commissions are subject to verification and final approval by the Provider. Commissions are not deemed earned until the underlying transaction is validated, the applicable refund period has expired, payment has been successfully received from the customer, and fraud checks have been completed.
3.11. Commission Repricing Authority.
The Provider reserves the right to adjust commission rates prospectively where necessary to maintain sustainable unit economics, prevent arbitrage, or respond to market conditions. We may alter the commission percentage or fixed bounty for future referrals at any time without liability.
3.12. Traffic Audit and Verification.
The Provider reserves the right, upon reasonable notice, to audit Affiliate traffic sources, promotional methods, and compliance with these Affiliate Terms. Affiliate agrees to cooperate with reasonable information requests (including providing ad screenshots, traffic logs, or referral flow documentation) necessary to verify legitimate referrals. Failure to cooperate with an audit may result in commission forfeiture.
4. FRAUD, SUSPENSION, AND TERMINATION
4.1. Fraud Investigation.
The Provider reserves the right to withhold payouts for a period reasonably necessary to investigate suspected fraud. Fraud includes, but is not limited to generating fake leads using bots, using stolen credit cards, or offering "Cashback/Kickbacks" to users without approval.
4.2. Immediate Termination.
The Provider may terminate your Affiliate Account immediately and forfeit all unpaid commissions if you violate the PPC rules, send Spam, engage in fraud/self-referrals, or harm the reputation of the Provider.
4.3. No Goodwill.
Upon termination, you have no right to future commissions or compensation for "building the market." The relationship is purely transactional.
4.4. Forfeiture Authority.
If the Affiliate engages in prohibited conduct, the Provider may void pending commissions, recover previously paid commissions, offset amounts against future payouts, and pursue legal remedies to the maximum extent permitted by law.
4.5. Program Suspension.
The Provider may temporarily suspend Affiliate privileges, tracking capability, or payout eligibility while investigating suspected violations. This allows for a proportional response to potential issues before moving to termination.
4.6. Program Abuse Catch-All.
The Provider reserves the right to take corrective action where Affiliate behavior, while not explicitly prohibited, is determined in good faith to undermine the integrity, fairness, or intended operation of the Affiliate Program.
4.7. Reputation Risk Termination.
The Provider may terminate participation where continued association with an Affiliate presents material reputational, legal, or regulatory risk.
4.8. Fraud Chain Reversal.
Where the Provider reasonably determines that multiple Affiliate accounts, sub-affiliates, or related parties participated in coordinated fraud, traffic laundering, attribution manipulation, or commission abuse, the Provider reserves the right to reverse associated commissions across all implicated accounts and recover funds to the maximum extent permitted by law.
4.9. Cross-Program Offset Authority.
The Provider reserves the right to offset commissions, credits, payouts, or other amounts owed to the Affiliate against any debts, chargebacks, fraud losses, or policy violations arising under any Provider-operated program, including but not limited to the Marketplace, Reseller Program, Virtual Credits system (PinkCoins), or other platform services.
5. LIABILITY AND REPUTATION
5.1. Limitation.
The Provider is not liable for indirect or consequential damages (e.g., lost revenue) arising from tracking failures, platform downtime, or termination of the Affiliate Program.
5.2. Indemnity.
You agree to indemnify the Provider against any claims arising from your promotional activities (e.g., if you are sued for spamming or copyright infringement in your ads).
5.3. Master Limitation of Liability.
The limitations of liability set forth in the Platform Terms of Service apply fully to Affiliates and are incorporated into these Affiliate Terms by reference.
5.4. No Disparagement.
Affiliate agrees not to publish false or misleading statements about the Provider or engage in promotional practices designed to damage the Provider’s reputation. Nothing in this section restricts lawful, good-faith reviews of the Platform.
6. GENERAL
6.1. Governing Law.
These Affiliate Terms are governed by the laws specified in the Platform Terms of Service, without regard to conflict-of-law principles. Any disputes arising under these Affiliate Terms shall be resolved exclusively in the courts and jurisdiction specified therein.
6.2. Survival.
Any provisions which by their nature should survive termination shall survive, including but not limited to indemnification, limitation of liability, fraud recovery rights, and dispute resolution provisions.
6.3. Professional Affiliate Standard.
Affiliate agrees to promote the Platform in a professional manner consistent with reputable digital marketing practices. The Provider may suspend accounts that create disproportionate brand risk, legal exposure, or regulatory scrutiny, acting in its reasonable discretion.
6.4. Commercial Reasonableness Standard.
The Provider shall exercise its rights under these Affiliate Terms in a commercially reasonable manner consistent with maintaining platform integrity, preventing fraud, and protecting brand reputation.
6.5. Program Is Not an Investment.
Participation in the Affiliate Program does not create any investment interest, ownership right, goodwill entitlement, or expectation of continued economic benefit.
6.6. Assignment Restriction.
Affiliate may not assign, transfer, sell, or delegate participation in the Affiliate Program without prior written consent from the Provider. Any attempted assignment without consent is void. The Provider may assign these Affiliate Terms at any time without restriction.
6.7. Force Majeure.
The Provider shall not be liable for delays or failure to perform due to events beyond reasonable control, including infrastructure outages, cyberattacks, regulatory actions, payment processor failures, or force majeure events.