To participate in the CyberCoop Affiliate Marketing Program, you must agree to the following:
This Affiliate Terms and Conditions (the “Agreement”) sets forth the terms and conditions between CyberCoop Limited, 8/F, 299 QRC, 287-299 Queen's Road Central, Hong Kong (“CyberCoop”) and You regarding your application to participate as an affiliate of CyberCoop (“Affiliate”), and the establishment of links from your website to our websites, www.cyber-coop.com and its subdomains and services.
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE CyberCoop Affiliate Marketing Program, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
This Agreement is between CyberCoop Limited ("CyberCoop") and the person or entity joining the CyberCoop Affiliate Program and completing the registration form ("Application Form"), ("Affiliate" or "you").
The following terms and conditions shall constitute a binding agreement (the “Agreement”), between you (“Affiliate” or “you”) the natural person or legal entity applying to join CyberCoop Limited (“Company” “we” or “us”). The provisions of this Agreement are applicable to your participation in the Affiliate Programs offered through CyberCoop Limited and to your use of CyberCoop Limited. Affiliate programs are managed by our Partners, and links can be provided to certain websites of our Partner and their own particular program offered to you through CyberCoop Limited, along with additional terms and conditions and the policies of such Partners, which are expressly included here. Your submission of application and/or access or usage of CyberCoop Limited is considered as direct consent to all the terms and conditions contained in this Agreement.
By participating in the CyberCoop Affiliate Marketing Program, you hereby accept the terms and conditions of this Agreement as may be amended from time to time. You will be notified about such changes prior they become valid by email, Skype or any other means which you indicated in your Application Form.. If You do not agree to such terms and conditions and/or any amendment thereto, please do not participate in, use, or access the CyberCoop Affiliate Marketing Program. Please note that CyberCoop Limited reserves the right, at its sole discretion, to revise, modify, change, or remove portions of this Agreement at any time. You will be notified about such changes and modifications of this Agreement prior they become valid. Please also periodically review the terms and conditions of this Agreement on the CyberCoop’ internet website to review any changes to its terms. Your participation in the CyberCoop Affiliate Marketing Program after CyberCoop has published any revised and/or amended form of this Agreement on its websites shall constitute your consent to the revised and/or amended Agreement.
CyberCoop reserves the right, under its sole and absolute discretion, to reject the registration of any entity or person to the CyberCoop Affiliate Marketing Program, including if such entity is a person under the age of 18 or is defined as a minor that has not yet reached legal age.
CyberCoop prioritizes safeguarding your personal data shared with us while using our services. We invite you to review our Privacy Policy, available here. The effective date of the latest version of the Privacy Policy is listed at the bottom of the webpage.
2.1 Application
2.2 Your Warranties
You represent and warrant the following:
3.1 Account Responsibility: As a Affiliate, you are solely responsible for accessing your account and preventing unauthorized access. You are accountable for all actions taken using your account, whether by you or a third party, even if unauthorized or accidental. You are responsible for any activity on our website and services using your login details. If you forget your password, you can reset it using the "Forgot your password" link on the login page.
3.2 Prohibited Actions: You must not use any methods, people, devices, or agreements to commit fraud, breach laws, interfere with other affiliates, or falsify data related to referrals through the Links. Prohibited actions include using spyware, automated tools for clicks, information-stealing programs, cookie-stuffing, and other fraudulent or misleading activities.
3.3 Proxy and VPN Ban: CyberCoop strictly prohibits the use of proxies, VPNs, or other inappropriate tools by you or anyone associated with you. We reserve the right to withhold payment for any leads generated using such methods.
3.4 Fraud Determination: CyberCoop has sole discretion to identify fraudulent activities. Affiliates must not generate leads or clicks through false pretenses or fraudulent traffic. Leads obtained through inappropriate tools may not be paid for, and fraud is grounds for immediate account termination and withholding of payments.
3.5 Termination Triggers: The following actions by you or anyone managed by you will result in account termination without payment and a permanent ban from our Programs:
Sending unsolicited mass emails or messages (SPAM).3.6 Misleading Promotion Tools: You must not use promotional tools that confuse or mislead users due to their similarity with any Affiliate’s trademarks, service marks, or URLs.
4.1 Affiliate Representations: The Affiliate confirms, promises, and agrees to CyberCoop as follows:
4.1.1 The Affiliate has the full legal right, power, and authority to enter into this Agreement, with no obstacles preventing compliance with its terms and conditions.
4.1.2 If the Affiliate is a corporation, it is properly organized, validly existing, and in good standing, duly qualified to conduct business wherever necessary.
4.1.3 No registration or approval from any government agency or commission is required for the Affiliate to execute, deliver, or perform any part of this Agreement.
4.1.4 There are no ongoing legal actions or proceedings against the Affiliate or its officers that could significantly impact its business or condition or those of CyberCoop.
4.1.5 The Affiliate will strictly adhere to the terms and conditions of this Agreement.
4.1.6 The Affiliate will comply with all applicable data protection and privacy laws in all relevant jurisdictions.
4.1.7 The Affiliate will provide any necessary information and documentation requested by CyberCoop or relevant authorities, including details about its directors, officers, key employees, senior management, and beneficial owners.
4.1.8 The Affiliate is fully compliant with all applicable laws and regulations in every territory where it operates marketing activities.
4.1.9 The Affiliate will market only to customers of legal age, verify leads/customers' identities where appropriate, and ensure that all promotions and materials are not offensive, indecent, objectionable, or obscene.
4.2 CyberCoop Representations: CyberCoop confirms and warrants to the Affiliate as follows:
4.2.1 CyberCoop is duly organized and validly existing under the laws of its incorporation, with full corporate power and authority to enter into this Agreement.
4.2.2 CyberCoop is duly authorized to execute and deliver this Agreement and to fulfill its obligations under it.
4.2.3 This Agreement is a legal and valid obligation binding upon CyberCoop and enforceable according to its terms. The execution, delivery, and performance of this Agreement do not conflict with any other agreement or legal requirement applicable to CyberCoop.
5.1 CyberCoop will pay the Affiliate a commission ("Commission") for promoting CyberCoop in accordance with this Agreement.
5.1.1 Payments will be made on a Net30 basis once the Affiliate's account balance exceeds EUR €1000 ("Minimum Balance"). If the minimum threshold is not met, the balance will roll over to the next month.
5.1.2 If the Affiliate's weekly commission regularly exceeds EUR €1500, weekly payments can be arranged with the Account Manager. If the EUR €1500 threshold is not met, payments will revert to Net30.
5.1.3 To return to weekly payments, the Affiliate must meet the threshold for two consecutive weeks.
5.1.4 Commissions are paid in EUR, but can be paid in USD upon agreement with the Account Manager. Currency conversions will follow CyberCoop's exchange rate policies based on xe.com rates on the date of the Qualified Action.
5.2 Commission payments can be made via bank account, Wire Transfer, Paxum, PayPal, and other acceptable means chosen at the Affiliate's risk. CyberCoop is not liable for losses via third parties once payments are transferred. Both parties will bear their own bank costs and transaction fees. For payments over €3000, transaction fees will be shared equally.
5.3 Disclosure of individual payment amounts is prohibited and will be considered a breach of this Agreement.
5.4 Creating multiple accounts requires prior approval from the Account Manager. Without approval, fees will not be paid.
5.5 Chargebacks will be deducted from the Affiliate's account.
5.6 CyberCoop reserves the right to investigate and terminate accounts engaged in fraudulent activities, such as fake clicks, impressions, registrations, and payouts. If fraud is suspected, commissions will be frozen and released upon satisfactory proof of innocence within seven (7) working days. If proof is not provided, commissions may be forfeited.
5.7 No commissions will be paid for leads or traffic resulting from incorrect targeting or distribution to inappropriate devices.
5.8 The Affiliate is responsible for expenses incurred due to providing inaccurate data to CyberCoop.
5.9 With CyberCoop's approval, the Affiliate can refer new Affiliates ("Referred Affiliates") and receive 5% of their income for the first six months or until account closure, whichever comes first. CyberCoop may adjust commissions and define eligible income based on various factors. Inactive accounts for over 90 days may forfeit referral fees, and CyberCoop may terminate agreements, nullifying associated income. This referral program can be terminated at any time without notice, without affecting other obligations in this Agreement.
5.10 If incorrect, outdated, or wrong billing details are provided, causing bank charges and fees to refund commissions, CyberCoop can collect additional amounts ("Fine") from the Affiliate. Fines apply in cases where:
5.11 The Fine amount depends on the invoice value:
6.1 Your application will be automatically declined if you are located in, or have affiliations with, any countries listed under OFAC, FATF Blacklist, FATF Greylist, Blacklist EU, or UN Security Council sanctions regimes. For detailed information on Forbidden Territories, please refer to the following links:
6.2 CyberCoop Ltd. retains all rights, ownership, and interest in its promotional materials, including copyrights, trademarks, and other intellectual properties. This Agreement does not transfer any rights to the Affiliate. Copyrighted materials provided by CyberCoop are for the Affiliate’s sole use under a single-user license. Affiliates are prohibited from sharing, copying, distributing, or otherwise disseminating any materials from CyberCoop without prior written consent. All intellectual property remains the exclusive property of CyberCoop, with no implied license to sell or distribute such materials.
6.3 CyberCoop grants a non-transferable, non-exclusive, and revocable license to display marketing materials and advertisements on your website, in accordance with this Agreement and CyberCoop's policies. Modifying, altering, or adding to the provided advertisement materials is prohibited. Offline promotion (e.g., advertising banners or flyers) and email campaigns resembling email promotion are strictly forbidden.
6.4 Due to the proprietary nature of licensed materials, damages from their improper use cannot be fully compensated. CyberCoop and its partners reserve the right to pursue all legal means, including equitable and injunctive relief, against violations.
6.5 Any supplier of licensed materials may enforce its rights against you, even if they are not a party to this Agreement.
6.6 Properly authorized partners may use available promotional materials. Third parties are prohibited from publishing, sublicensing, disclosing, decompiling, disassembling, sharing, leasing, transferring, selling, renting, or otherwise reproducing or providing access to any data or materials from CyberCoop without prior written consent. Violations may constitute infringement of intellectual property or proprietary rights.
6.7 Affiliates must avoid deceptive tactics, including misleading advertisements, hacking link codes, altering pages, blocking content, or sending chain letters or spam via instant messaging, forums, email, or comments. Contact your Account Manager if you are unsure whether your advertising methods comply with our Terms.
6.8 Sub-affiliation is prohibited without prior written authorization from our agent.
6.9 New Affiliate accounts may be closed or altered if they do not generate new leads or hits within 90 days or for other valid reasons.
6.10 Profiles inactive for more than six consecutive months may be closed, and any accrued profits forfeited upon termination due to inactivity.
6.11 Under this Agreement, you agree to: a) Avoid using, obtaining, or purchasing tags or keywords related to our company or website name on any search system; b) Refrain from using domain names or URLs similar to ours, trademarks, or service marks; c) Not disclose or use information related to us that may harm end-users or their property; d) Avoid actions that disparage, humiliate, or negatively portray us or our partners; e) Not create websites confusingly similar to ours or copy external site attributes; f) Refrain from violating intellectual property rights, including trademarks, trade secrets, patents, copyrights, and personal rights; g) Avoid registering usernames, account names, domain names, trademarks, service marks, or other designations connected with us or our brands without authorization and notify and cooperate in case of unauthorized use.
6.12 Do not create, publish, transmit, or distribute bulk electronic mail messages (SPAM). Any email communication must be coordinated in writing with CyberCoop, including dates and the number of emails to be sent. CyberCoop reserves the right to reject any electronic mailing suggestions. Emails containing a CyberCoop Partner link or message regarding CyberCoop must only be sent to individuals who have previously consented to receive such emails. Non-compliance with this section, the CAN-SPAM Act of 2003, or our Anti-Spam Policy constitutes a material breach of this Agreement, forfeiting all commission rights. Excessive clicks on your account may result in termination of the Partner relationship.
6.13 You agree to comply with any applicable ethical codes, guidelines, and commercial practices established in consumer protection.
6.14 Both parties agree to abide by:
6.15 Websites used for advertising must not contain or refer to content that: a) Is pornographic; b) Involves erotic, sexually explicit, or adult photographs, videos, or images; c) Is harassing, defamatory, harmful, threatening, obscene, promotes violence, discrimination, illegal activities, profanity, or otherwise violates our standards.
6.16 Do not target minors (under eighteen years old, or other age according to the local law).
7.1 Upon entering into these Terms, both parties hereby establish a mutual declaration of confidentiality concerning the provisions outlined herein. These provisions shall be deemed proprietary information, imposing obligations on both parties to uphold the integrity of said declaration. This includes, but is not limited to, refraining from attempting to replicate our proprietary methods or duplicate our products and sponsor selections.
7.2 All confidential data received from either party shall be held in strict confidence and shall not be disclosed to any third party. This includes information pertaining to assets, business activities, commercial dealings, and individual fee amounts acquired during negotiations or in the course of fulfilling these Terms. It is understood that all communications between you and CyberCoop, including interactions with our staff, representatives, agents, and partners, shall be treated as confidential information.
7.3 Information shall not be considered confidential if:
a) It is already publicly known at the time of disclosure;
b) It becomes publicly known after disclosure without violating the terms of this Confidentiality clause;
c) It is disclosed by a third party without breaching any confidentiality obligations;
d) It is independently developed by the disclosing party and can be demonstrated to have originated without reliance on confidential information from other parties.
7.4 Confidential information obtained from either party to these Terms may be disclosed to advisors, officers, employees, agents, representatives, parent and subsidiary companies as necessary to fulfill obligations under these Terms or to utilize professional expertise. Prior to such disclosure, the disclosing party shall ensure that the recipients are made aware of their confidentiality obligations under these Terms and shall oversee their compliance with such obligations.
7.5 Confidential information may also be disclosed if required by law, by order of a competent governmental authority, or by court order, including but not limited to legal proceedings or law enforcement investigations.
8.1 CyberCoop strives to maintain accurate data on our website but does not guarantee the completeness or accuracy of the information provided. We may remove or alter any data or content on our site at any time. All services, software, and content on our and our partners' websites are offered "as is" and "as available" without any warranties, whether express or implied, including but not limited to warranties of fitness for a particular purpose, merchantability, non-infringement, and title.
8.2 Specifically, CyberCoop makes no guarantees regarding: a) The site's availability at any specific time; b) The relevance or accuracy of the information displayed; c) The transmission process of website-related data; d) The website's functionality and performance; e) The absence of viruses or other harmful elements; f) The compliance of services, software, and content with applicable laws or international treaties; g) The adherence to any specific quality or performance standards for content, software, or services listed on our site.
8.3 You are responsible for the accurate entry of your trackers. CyberCoop is not liable for errors resulting from incorrect Affiliate identification numbers. Trackers, once assigned, cannot be reassigned to another Affiliate number. Incorrectly entering your Affiliate identification number may result in reduced or forfeited commission amounts under this Agreement.
9.1 Affiliates must use only email addresses acquired in compliance with relevant laws for email advertising. Explicit consent from recipients is required before sending any promotional email. Consent can be obtained through affirmative actions or by referencing a privacy policy that details the use of the recipient's email for marketing, provided the recipient has not opted out. Records of such consent must be kept for at least three (3) years and should include:
9.2 Email activities by the Affiliate, including the use of email addresses, must comply with the following:
9.3 The "From" line in emails must not use confidential, falsely registered, or unregistered domain names. Each email must contain a valid physical postal address of the Affiliate and/or advertiser, as well as an unsubscribe link that remains valid for at least thirty (30) days after the email is sent.
9.4 Email lists used by the Affiliate must be owned and/or operated by the Affiliate for email advertising purposes. Any third-party agreements related to email advertising must be disclosed to us, and failure to do so may result in termination of the Affiliate relationship. Subscriber data in the Affiliate's email lists must be accurate and complete, retained by the Affiliate for the duration of the agreement and for at least three (3) years after termination. Upon request, the Affiliate must provide us with the registration and sign-up data of individuals whose email addresses are on the email lists, including:
10.1 Under this Agreement, you acknowledge and consent to receiving transactions, messages, and other notifications electronically, even if such communications are typically required to be provided "in writing." These notifications may be delivered to the email address you provided during registration or displayed on our website. If you opt out of electronic communication, you must discontinue your use of the website and terminate your agreement to this Agreement. Notifications will be deemed delivered twenty-four (24) hours after being sent via email, unless we receive notice of an invalid email address. Alternatively, we may send notifications to the physical address you provided to us. You also consent to receiving advertisements, offers, and promotions from us and our partners.
10.2 Additionally, you consent to maintaining a printed and/or electronic copy of the latest version of this Agreement. Furthermore, you agree to retain any written communications or data sent to you by us.
11.1 By entering into this Agreement, you agree to receive all transaction details, messages, and other notifications electronically, even if traditionally such communications are required to be in writing. These electronic notifications may be sent to the email address you provided during registration or displayed on our website. If you choose to opt out of electronic communications, you must stop using the website and terminate this Agreement. Notifications are considered delivered twenty-four (24) hours after being sent via email, unless an invalid email address is reported. Alternatively, we may send notifications to the physical address you provided. You also agree to receive advertisements, offers, and promotions from us and our partners.
11.2 Additionally, you agree to keep a printed and/or electronic copy of the most current version of this Agreement. You also agree to retain any written communications or data we send to you.
9.1 CyberCoop, along with its officers, agents, employees, parent companies, subsidiaries, successors, directors, partners, representatives, contractors, and assigns (collectively "Related Parties"), shall not be held liable for any damages, whether incidental, direct, indirect, punitive, consequential, special, or exemplary, including personal injury, wrongful death, loss, or costs. This includes, but is not limited to, business losses, lost profits, loss of use, or loss of data, whether foreseeable or not, arising from your participation in the CyberCoop Affiliate Marketing Program, even if we were informed of or aware of the possibility of such damages, losses, or costs.
13.1 The Affiliate agrees to indemnify, defend, and hold harmless CyberCoop, including its officers, directors, employees, agents, affiliates, subsidiaries, successors, and assigns (collectively "Related Parties"), from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) that arise out of or relate to:
13.2 The Affiliate’s indemnification obligations under this clause shall survive the termination or expiration of this Agreement. CyberCoop reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Affiliate, and in such event, the Affiliate agrees to cooperate fully with CyberCoop in asserting any available defenses.
14.1 This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of law principles. Hong Kong or China Mainland shall be a sole jurisdiction for any dispute resolution.
14.2 The parties shall make reasonable efforts to amicably resolve any disputes or controversies arising directly from this Agreement, including mediation stage.
14.3 Each party may apply either to a local mediatory body or center in Hong Kong or to any arbitration or commercial court in Hong Kong or China Mainland (in case the mediation fails or is inappropriate, or a party can apply directly to any Hong Kong arbitration or commercial court).
14.4 All judicial expenses are ultimately borne by the losing party.
14.3 Each party acknowledges that in the event of a breach of this Agreement, legal remedies may be inadequate. Therefore, in the event of such a breach by one party, the other party shall have the right to seek injunctive relief or other appropriate remedies from any competent court to prevent further breach.
We reserve the authority to change, update, or modify any part of this Agreement. When such changes occur, you will be notified either via email or through an announcement on our website www.cyber-coop.com. The document will also be updated for your reference. All changes will form the new version of this Agreement, which you must follow. If you disagree with the changes, you must stop using our site and deactivate your account. By continuing to use our website after being notified of the changes, even if you have not read the updated information, you will be considered to have accepted the changes, and they will be legally binding on you.
Neither party will be liable for any failure or delay in fulfilling their obligations under this Agreement due to circumstances beyond their control. Such circumstances include, but are not limited to, natural disasters (e.g., fire, flood, earthquake, storm), strikes, labor disputes, failures in utility services or transportation networks, acts of terrorism or public enemies, war, civil unrest, vandalism, equipment failures, epidemics, or any other event that is beyond the reasonable control of the affected party. If either party is impacted by such an event or any other situation constituting force majeure, they must notify the other party in writing within three (3) business days of the occurrence.
17.1 In the event of any breach, violation, or infringement of any provision of this Agreement, we retain the right, at our sole discretion and without by 24 (twenty-four) hour prior notification, to terminate, suspend, or restrict the Affiliate's access to the entire website or any portion thereof. Such termination may also occur if we determine that your actions have infringed upon the rights of another user or Related Party.
17.2 Either party may initiate termination at any time by providing written notice at least seven (7) working days prior to the termination date. Notice sent via email shall suffice for termination purposes.
17.3 Upon termination, all licenses granted to you under this Agreement shall become null and void.
This Agreement represents the complete and exclusive understanding between the parties, replacing all previous communications, whether oral or written, concerning the subject matter herein. In agreeing to this document, both parties acknowledge they have not relied on any statements, representations, warranties, or agreements from the other party, except those explicitly stated within this Agreement.
Section headings are included for convenience only and do not influence the interpretation, scope, or meaning of any section, nor do they impact the Agreement in any manner.
The failure of either party to enforce any rights under this Agreement shall not be considered a waiver of those rights. No term or provision will be considered waived, nor any breach excused, unless such waiver or consent is in writing and signed by the party granting it. Waiving any breach does not imply the waiver of any other or future breaches. Should any part of this Agreement be deemed invalid or unenforceable, the remaining sections will continue in full force and effect as if the invalid or unenforceable provision were not included.
The Affiliate may not sell, assign, transfer, delegate, subcontract, or otherwise convey or encumber this Agreement or any rights or interests under it without the prior written consent of CyberCoop. Any attempt to do so without consent will be considered null and void.