Terms & Conditions

Terms & Conditions

These Affiliate Program Operating Terms and Conditions (the “Affiliate Program Terms”) contain terms and conditions between Bluf VPN OÜ Põhja pst 27a Põhja-Tallinna linnaosa, Tallinn Harju maakond 10415 (“Bluf”, “us”, or “we”, “our”), and you (“you”, “your” or “Affiliate”), that govern your participation in our affiliate program accessible through this website (“Affiliate Program”).

The Affiliate Program Terms are governed by BlufVPN general Terms and Conditions. The Affiliate Program Terms and the General Terms are together referred to as the “Agreement”. You confirm that you have read and understood the Agreement, and agree to the provisions stated therein. In the event of any inconsistency between the Affiliate Program Terms and General Terms, the terms of this Affiliate Program Terms shall prevail. Each Affiliate Program offer (an “Offer”) may be for any offering by Bluf or a third party (each such third party a “Client”) and may link to a specific website for that particular Offer or other websites of Bluf (“Program Website”). Furthermore, each Offer and its accompanying documents may have additional terms and conditions on pages within the Affiliate Program and forms a part of this Agreement.

The following Bluf products participate in the Affiliate Program: (i) BlufVPN; (ii) BlufPass; (iii) Blufpartners. We reserve the right to include to the Affiliate Program additional products in our sole discretion anytime.

The Bluf entity which you are contracting with under these Affiliate Program Terms is BlufVPN OÜ.

  1. ENROLLMENT IN THE AFFILIATE PROGRAM

    1.1. In order to enrol in the Affiliate Program, you must submit an Affiliate Program application form on our website (https://blufpartners.com) or cj.com (https://signup.cj.com/m mber/signup/publisher/ cid=5777947#/branded). You must accurately complete the application form to become an affiliate. You must not use any aliases or other means to mask your true identity or contact information.You must provide us with any future updates regarding your contact details immediately after they change.

    1.2. After we review your application form, we will notify you of your acceptance or rejection to the Affiliate
    Program. The notification generally is provided within two (2) business days after you submit an application
    form. We may accept or reject your application in our sole discretion for any reason.

  2. LINKS TO THE PROGRAM WEBSITE AND PROMOTION OF AFFILIATE RELATIONSHIP

    2.1. If you qualify and agree to participate as an Affiliate and we accept your application, you will become an Affiliate and we will make available graphic and textual links and accesses to the Program Website (collectively, “Links”) and/or other creative materials to you via the Affiliate Program.

    2.2. You may display the Links on the websites owned or controlled by you, in emails sent by you and/or in online advertisements (collectively, “Media”). You must always be identified when displaying Links. The Links will serve to identify you as a member of our Affiliate Program and will establish a connection from your Media to the Program Website. The Links may connect to any area of our websites (although Commissions will only be issued for Qualified Actions).

    2.3. In utilizing the Links, you agree that you will reasonably cooperate with us in order to establish and maintain such Links. All Affiliate websites shall display the Links, including, but not limited to, graphical/or textual images, prominently in relevant sections of their websites.

    2.4. Bluf may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner advertisement in connection with the Link. You agree to promptly implement any request from Bluf to remove, alter or modify any Link, graphic or banner advertisement that is being used by you as part of the Affiliate Program.

    2.5. When a user follows your Affiliate Link to the Program Website, we place a tracking cookie on that user’s computer or mobile device which will be used to identify that user as a referral from you provided that user creates an account (including a free account) on Bluf’s website within thirty (30) days (after which the cookie expires). If the user uses another computer or mobile device to create an account or deletes the tracking cookie before creating the account, then we shall have no liability to pay to you any Commission in respect of any Bluf services purchased by that user.

    2.6. You are not allowed to:

    2.6.1. use cookie stuffing techniques that set the Affiliate tracking cookie without the knowledge of the users of your Media and your websites (example: iframe);

    2.6.2. post any refunds, credits or discounts, or other similar content concerning Bluf, unless we have given you prior written permission in each instance. Affiliates may only use coupons and discounts that are provided exclusively through the Affiliate Program using banners and links;

    2.7. Each Link connecting users of your Media and/or your website to the pertinent area of our websites shall in no way alter the look, feel, or functionality of our websites. Any violations of the terms surrounding links, other links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement and may result in your termination from the Affiliate Program and/or withholding of Commissions.

  3. DETERMINATION OF COMMISSIONS

    3.1. We will pay you payments for each Qualified Action (“Commission”). A “Qualified Action” is counted when all of the following actions are performed:
    1. an individual person accesses the Program Website via the Link;
    2. pre-populated fields are not used;
    3. individual completes all of the information required for accessing the Bluf service within the time period allowed by Bluf;
    4. individual purchases Bluf service(s); and
    5. individual does not require a refund,chargeback or cancellation within thirty (30) days after the completion of purchase for such purchas.

    3.2. The actions that do not satisfy the conditions for the Qualified Actions stipulated in Clause 3.1, are not
    considered Qualified Action, including, but not limited to, the following cases:

    1. The actions that do not satisfy the conditions for the Qualified Actions stipulated in Clause 3.1, are not considered Qualified Action, including, but not limited to, the following cases:
    2. The actions that do not satisfy the conditions for the Qualified Actions stipulated in Clause 3.1, are not considered Qualified Action, including, but not limited to, the following cases:
    3. The actions that do not satisfy the conditions for the Qualified Actions stipulated in Clause 3.1, are
      not considered Qualified Action, including, but not limited to, the following cases

    3.3. In some specifically identified cases we, at our sole discretion, may offer payouts for free individual
    registrations. In these cases, the Qualified Action is counted when all of the following actions are performed:

    1. an individual access the Program Website via the Link;
    2. pre-populated fields are not used;
    3. individual completes all of the information required for accessing the Bluf service within the time period allowed by Bluf;
    4. individual is actively using his/her account for a period of time determined solely by Bluf.

  4. PAYMENT OF COMMISSIONS

    4.1. Commissions payments will be done via Wire Transfer. Minimum payout via Wire Transfer is 100EUR. You Shall cover any and all costs and expenses related to the payment of Commissions. We shall not have any liability for Commissions lost due to incorrect payment details provided by you.

    4.2. Subject to Clauses 3 “Determination of Commission” and 12 “Fraud”, Commissions are paid only if and when we determine that your actions are considered Qualified Actions and have remained in compliance with this Agreement for the entirety of the period for which the Commissions are paid and throughout the payment date. We reserve the right to charge back to your Affiliate account any and all previous payments for Qualified Actions that are later determined by Bluf to have not met the requirements to be a Qualified Action.

    4.3. All tracking of Links, determinations of Qualified Actions and counting of Commissions shall be made by us in our sole discretion according to our technology. In the event that you are also tracking Links and Qualified Actions, tracking results of Bluf shall always prevail.

    4.4. Payments for revenue generated by you will be transferred to you once a month, following your request. In Exceptional cases this term can be extended with a prior written notice to you. Due to our Refund policy, you can request a payment of the respective Commissions not earlier than thirty one (31) days after generating this respective amount.

    4.5. You should send requests for payments to affiliates@blufvpn.com and we will provide you with our calculations regarding the amount of Commissions earned by you. In the event that you dispute any portion of the Commissions calculated by us in good faith (e.g., calculations contain a mathematical error), you agree and must (i) notify Bluf of such disputed amount in writing with sufficient detail within thirty one (31) days’ after being notified regarding the Commission amount for the respective period, (ii) make authorized personnel available to resolve the dispute. If you do not dispute the calculated amount as set forth herein,you irrevocably waive any claims based upon that amount. All amounts not timely and appropriate dispute shall be deemed final and not subject to further dispute.

    4.6. Bluf’s Commission payments are directly dependent upon receipt of payments from customers (except for limited cases of payouts for free individual registrations). Therefore, we shall only be liable for the Commissions to the extent that we have received such payments from the customers. You shall have no right to any claims for Commissions if we have not received respective payments from the customers(including but not limited, due to the chargebacks, refunds, cancellations).

    4.7. In the event customers terminate our services after the purchase (e.g. any chargebacks,refunds,cancel ations)  the respective amount of your Commission shall be cancelled. We grant refunds to our customers in accordance with our Refund policy or in our sole discretion, which means that our customers usually have the right to cancel our services and request for a refund within a specified period after the purchase. Nevertheless, customers’ right to request for a chargeback is not limited in time. Therefore, if we have already paid the relevant Commission to you,we shall deduct the respective amount from our next payment.

    4.8. Where the rate of chargeback(s), refunds or cancellations on your Affiliate account is unusually high or we suspect your Affiliate account is being used for fraudulent activity or in violation of this Agreement and/applicable law, we reserve the right to place restrictions on your Affiliate account immediately upon written notice to you, including, but not limited to, suspend your Affiliate account and suspend all payments related to your Affiliate account, as well as commence a full investigation (internal or involving any appropriate third parties). If we find it necessary, we have full rights in our sole discretion to inform the appropriate law enforcement or regulatory authorities or any third parties of any actual or alleged breach of law and/or fraud performed by you (either in or not in connection with this Agreement). Only once we are satisfied that the matter is resolved, we will remove the restrictions applied to your Affiliate account.

    4.9. If you have an outstanding balance due to Bluf under this Agreement or any other agreement between you and Bluf, whether or not related to the Affiliate Program, you agree that Bluf may offset any such amounts due to you from amounts payable to you under this Agreement.

    4.10. If you have not earned any Commissions or have not logged into your Affiliate account within a six (6) months period, then we may, in our sole discretion unilaterally terminate this Agreement, close your Affiliate account, and withhold any unpaid Commissions. We are relieved from any and all obligations to you, including, without limitations, financial obligations, in accordance with the Agreement if you do not dispute the closing of your Affiliate account as specified in this Clause 4.10 within five (5) business days from notification informing you about the termination of the Agreement along with the closure of your account and withholding of unpaid Commissions.

  5. OBLIGATIONS OF THE AFFILIATE

    5.1. As an Affiliate you shall:

    5.1.1. comply with all (i) obligations, requirements and restrictions under this Agreement, and (ii) applicable law, rules and regulations, including but without limitation in relation to your business, your Media or your use of the Links, for the entirety of the period of this Agreement;

    5.1.2. have sole responsibility for the development, operation, and maintenance of, and all content on or linked to your Media;

    5.1.3. disclose commercial relationships between you, your Media and Bluf, and clearly identify advertising and paid promotions. Review sites shall clearly state how reviews are composed and checked;

    5.1.4. ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program:

    1. comply with the requirements of applicable law and are not illegal,
    2. do not infringe any rights of third parties, including, without limitation, intellectual property, personality, publicity rights,
    3. do not contain ethically unacceptable content, creative materials or copy (including, but not limited to, keywords, terms, metatags, descriptions, web designs, etc.),
    4. do not contain, create, promote or link to any content which is in any way deceptive, misleading, and does not represent actual and accurate information about Bluf and its products or services,
    5. do not contain, create, promote or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), illegal activities (such as gambling), contains profanity, and/or do not otherwise contain any material which, as informed by Bluf to you, Bluf considers objectionable (collectively, “Objectionable Content”);


    5.1.5. not make any representations, warranties or other statements concerning Bluf or Client, or any of their respective products or services, except as expressly authorized by Bluf in writing;

    5.1.6. not disseminate information that does not correspond to reality and/or any other allegations that damage the reputation of Bluf and each of its parents, subsidiaries, affiliates, their principals, directors, officers, partners, agents, employees, and assignees, whether or not such information/allegations relate to this Agreement or Affiliate Program;

    5.1.7. make sure that your Media does not copy or resemble the look, feel and/or trade-dress of the Program Website or create the impression that you or your Media is part of or endorsed by Bluf or Client, or is apart of the Program Website, without prior written permission from us;

    5.1.8. comply with the terms, conditions, guidelines and policies of any third party services used by you in connection with this Agreement and the Affiliate Program, including, but not limited to, email providers, social networking services and advertising networks;

    5.1.9. always prominently post and make available to any visitors of your websites and/ or users of your Media(“your end-users”), including prior to the processing of any personal data and/or other personally identifiable information, a privacy policy in compliance with all applicable laws that clearly and thoroughly discloses all personal data processing and information collection, use and sharing practices. Also, obtaininformed, unambiguous, specific and freely given consent from your end-users, if necessary, in accordance with applicable law, for the use of cookies and/or the collection and processing of their information;

    5.1.10. always prominently post and make available to your end-users any terms and conditions in connection with the Offer set forth by Bluf or Client, or as required by applicable law regarding such Offers;

    5.1.11. make sure to not place Bluf ads on any online auction platform (including, but not limited to, eBay, Amazon, etc.);

    5.1.12. be transparent to Bluf in relation to your actions under the Affiliate Program and, if you are planning any action that does not fully comply with the usual business practice and/ or you feel that your actions might violate this Agreement or applicable law, to consult your Affiliate account manager.

  6. ADDITIONAL PROGRAM-SPECIFIC TERMS

    The following additional program-specific terms shall apply to any promotional programs set forth below:


    6.1. Email Campaigns. All email campaigns shall be approved in advance and in writing by us.

    6.2. Advertising Campaigns:

    1. No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by us in writing. Any pop ups/unders are forbidden.
    2. Advertising campaigns shall not violate any applicable national or international advertising and marketing laws, as well, they shall not violate the intellectual property rights of third parties.
    3. You are solely responsible for confirming the legal requirements when publishing the advertisements.
    4. It is prohibited to use Banned keywords (as defined below in these Affiliate Program Terms) and to make any bidding on any referencing service or search engine (such as Google AdWords), paid or otherwise, in any meta tags, advertising, search terms, code, or in a similar manner, for any goods or services, either similar or not to Bluf’s products or services.
    5. We can never be held responsible for the content of commercials or the context, how and where, the commercials are used, released, made available, published, or disseminated.


    6.3. Affiliate Network Campaigns:

    1. For all Affiliates that maintain their own affiliate networks, Affiliate agrees to place the Links in its affiliate network (“Affiliate’s Network”) for access and use by those affiliates in Affiliate’s Network (each a “Third Party Affiliate”). Affiliate agrees that it will expressly forbid any Third Party Affiliate to modify the Links in any way.
    2. Affiliate agrees to maintain the Affiliate’s Network according to the highest industry standards. Affiliate shall not permit any party whose website or business model involves content containing Objectionable Content to be a Third Party Affiliate.
    3. All Third Party Affiliates must be in good standing with the Affiliate. Affiliate must require and confirm that all Third Party Affiliates affirmatively accept, through verifiable means, this Agreement prior to obtaining access to the Links.
    4. Affiliate shall disclose any and all Third Party Affiliates which access the Affiliate Program and use the Links for generation of Commissions to Bluf.
    5. Affiliate shall promptly terminate any Third Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. In the event that either party suspects any wrongdoing by a Third Party Affiliate with respect to the Links and/ or violation of this Agreement and/ or applicable law in relation to this Agreement by a Third Party Affiliate, Affiliate shall promptly disclose to Bluf the identity and contact information of such Third Party Affiliate.
    6. Affiliate shall promptly remove any Third Party Affiliate from the Affiliate Program and terminate their access to future Offers of Bluf in the Affiliate’s Network, including but not limited to, any Links, upon written notice from Bluf.
    7. Unless Bluf has been provided with all truthful and complete contact information of a Third Party Affiliate and such Third Party Affiliate has affirmatively accepted this Agreement as recorded by Bluf (and, therefore, is liable directly to Bluf), Affiliate shall remain liable for all acts or omissions (including, but not limited to, violations of this Agreement and/or applicable law) by any Third Party Affiliate.


  7. ANTI-SPAM POLICY

    7.1. When participating in our Affiliate Program, you may not use for selling or promoting Bluf’s products or services any spamming methods, including, but not limited to, the following:

    7.1.1. Email SPAM: sending unsolicited marketing email. However, you may send emails to people who have given you consent to send them marketing emails for products and services similar to Bluf products. In Any case, sending of emails shall comply with legal requirements of applicable laws (including, but not limited to, privacy laws).

    7.1.2. Short texts SPAM: sending unsolicited short texts to the cell phones without the permission of the user of the cell phone and/or otherwise in violation of applicable laws (including but not limited to, U.S. Telephone Consumers Protection Act, EU General Data Protection Regulation, etc.).

    7.1.3. Comment SPAM: posting Links on blogs, message boards and forums in cases where the discussion or content is not related to the services we offer. However, you may advertise your Link on websites which are discussing VPN/proxy services or in a forum signature. You should never use automated bots to post comments containing your Affiliate Link.

    7.1.4. Black Hat techniques: using “Black hat” SEO marketing on your website, such as keyword stuffing, invisible text or doorway pages; Incentives: offering incentives to users such as cash back or other rewards, except where facilitated by features on our websites.

    7.2. In the event of a breach of the requirements of this Clause, Bluf reserves the right to terminate this Agreement and/ or place restrictions, suspend or delete your Affiliate account, including but not limited to, with holding all sums within your Affiliate account.

  8. PROHIBITION OF FRAUD

    8.1. Credibility of the affiliates is of the essence to us. You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify and/ or hide information in connection with referrals through the Links or the generation of Commissions, or exceed your permitted access to the Affiliate Program. Such acts include, but are in noway limited to, using automated means to increase the number of clicks through the Links or completion of any required information, hiding of traffic or making it otherwise unavailable to Bluf, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. Such and similar acts shall constitute a material breach of this Agreement. We shall make all determinations about fraudulent activity in our sole discretion.

    8.2. If we have reason to believe your Affiliate account is being used to conduct fraudulent activities and/ or
    fraudulent transactions or is in any way associated with fraudulent activity, we may reject any payments of the
    Commissions to you (in full or in part), terminate this Agreement, suspend or delete your Affiliate Account,
    and/ or require you to return to us any Commissions paid by us to you in relation to your participation in the
    Affiliate Program.

  9. LIMITED LICENSE & INTELLECTUAL PROPERTY

    9.1. Licence. Provided that you comply with the terms of this Agreement and are a member in good standing of the Affiliate Program, only for the sole purpose of identifying your Media as a participant of the Affiliate Program, and assisting in increasing sales of Bluf products or services through the Program Website, during the validity of the Agreement we grant you a limited, revocable, non-exclusive, non-transferable licence to:

    9.1.1. reproduce and make available on your Media Bluf’s intellectual property (as defined in General Terms) that was made available to you via the Affiliate Program, including, without limitation, the Links;

    9.1.2. use Bluf’s intellectual property that was made available to you via the Affiliate Program only for creating editorial content (illustrate an article, etc.) or graphical advertisements (banners, pop-up, etc.). Subject To Clause 9.3.1 below, you are not allowed to modify and/ or create derivative works from Bluf’s intellectual property if this has not been pre-approved in writing by us.

    9.2. Revocation of Licence. We, at our sole discretion, have a right to revoke, partially or in whole, your license anytime by giving you a written notice.

    9.3. Restrictions on Licence. We do not transfer to you any rights, express or implied, in respect to Links, Program Website and/ or any other Bluf’s intellectual property, and we retain right, title, interest, ownership and to Bluf’s intellectual property. Bluf’s intellectual property are licensed, not sold, and you receive no title to or ownership of any copy or of Bluf’s intellectual property itself. Furthermore, you receive no rights to Bluf’s intellectual property other than those specifically granted in Section 9.1 above. Without limiting the generality of the foregoing, you are imperatively prohibited, and you shall not, among other things:

    9.3.1. modify, create derivative works from, distribute, publicly display, publicly perform, sublicense, or otherwise use the Links or any other Bluf’s intellectual property;

    9.3.2. register and/or use the domain name with any suffix that consists of or contains any mark that is identical or similar to or misspellings, variations, modifications of Bluf’s trademarks (“Bluf”, “BlufVPN”,“BlufPass”, “BlufLocker”, “BlufSec”, “Bluf Security”, etc.) and/or any other Bluf’s intellectual property, for any goods or services, either similar or not to Bluf’s products or services

    9.3.3. use and/or to make bidding for any mark and/or keyword that is identical or similar to or misspellings,variations, modifications of Bluf’s trademarks (“Bluf”, “BlufVPN”, “BlufPass”, “BlufLocker”,“BlufSec”, “Bluf Security”, etc.) and/ or any other Bluf’s intellectual property (“Banned Keywords”) on any referencing service or search engine (such as Google AdWords), paid or otherwise, in any meta tags, advertising, search terms, code, or in a similar manner, for any goods or services, either similar or not to Bluf’s products or services;

    9.3.4. cause or create, or act in any way that causes or creates or could cause or create any initial interest confusion over the use of Bluf’s intellectual property on the internet or in any search engine advertising;

    9.3.4. cause or create, or act in any way that causes or creates or could cause or create any initial interest confusion over the use of Bluf’s intellectual property on the internet or in any search engine advertising;

    9.4. All rights not expressly granted in this Agreement are reserved by Bluf.

    9.5. You represent and warrant that you are fully aware that your use of Bluf’s intellectual property to any other extent than as expressly permitted in Section 9.1 above (in addition to being a breach of thisAgreement) shall constitute the infringement of our rights to Bluf’s intellectual property, and therefore may be subject to claims for damages from you.

    9.6. You hereby grant us a perpetual, irrevocable, worldwide license to use any Feedback (as defined below) you communicate to us during the validity of this Agreement, without compensation, without any obligation to report on such use, and without any other restriction. Our rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses. (“Feedback” refers to any suggestion, comment, recommendation or idea arising out or inconnection with the performance of this Agreement, including without limitation all intellectual property rights in any such suggestion, comment, recommendation or idea.)

  10. VALIDITY AND TERMINATION

    10.1. This Agreement comes into force upon our approval of your Affiliate Program application and will be valid until terminated by either you or us.

    10.2. Either you or we may terminate this Agreement at any time, without cause, by giving the other party 3 (three) days’ prior written notice of termination. Bluf may, without limitation and free from any and all liability, terminate the Agreement with Cause immediately at any time if you are in a material breach of your obligations hereunder.

    10.3. “Cause” shall mean including, but without limitation:

    10.3.1. The services provided by you (a) are not compliant, fully or in part, with the Agreement; (b) are not compliant, fully or in part, with established business practice, professional standards, industry codes; (c) violate any applicable law, regulation, judicial or administrative action, or rights of a third parties; (d) are defamatory, obscene, harassing, tortuous, vulgar, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (d) damage the reputation, brand, image, likeness, expression in the public domain of Bluf, its representatives, affiliates, officers, directors, employees, agents, clients, service providers and all other related third parties;

    10.3.2. you breach the General Warranties and Representations as specified in the General Terms and/provisions of these Affiliate Program Terms;

    10.3.3. we believe that we may face potential claims or liability in connection with your participation in the Affiliate program;

    10.3.4. we believe that our brand or reputation may be tarnished by you or in connection with your participation in the Affiliate Program.

    10.4. Upon the termination of this Agreement for any reason, you shall immediately cease to: (i) use the Links, remove them from your Media and delete them; (ii) use all Bluf’s intellectual property and Client’s intellectual property, and (iii) represent yourself as a Bluf Affiliate.

    10.5. Upon termination of your participation in the Affiliate Program for one or more Offers or termination of this Agreement for any reason, all rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.

    10.6. We may hold accrued unpaid Commissions for a reasonable period of time following the termination of this Agreement to ensure that the correct amount of Commissions is paid (for example, to account for any chargebacks, refunds, cancellations or returns).

  11. REMEDIES

    11.1. In addition to any other rights and remedies available to us under this Agreement, in law or in equity, we reserve the right to (i) terminate the Agreement and/or suspend your Affiliate account or delete it, (ii) delete any actions submitted through your Links, and (iii) suspend and/or withhold any unpaid Commissions, and/or charge back paid Commissions to your account immediately upon written notice to you if:

    11.1.1. we determine that you have violated this Agreement;

    11.1.2. we receive any complaints about your participation in the Affiliate Program which we reasonably believed to violate this Agreement; or

    11.1.3. any Qualified Action is later determined to have not met the requirements set forth in this Agreement or on the Affiliate Program.

    11.2. Such suspending and/or withholding of the Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such violation.

  12. MODIFICATIONS TO THIS AGREEMENT

    12.1. Bluf reserves the right to modify any of these terms and conditions of this Agreement at any time in Bluf’s sole discretion. Such modifications shall take effect upon posting to the Bluf’s website. Bluf, in its sole discretion, reserves the right to notify you by e-mail and further reserves the right to withhold notification of any changes made to this Agreement.

    12.2. Modifications may include, but are not limited to, changes in the scope of available Commissions, Commission amounts/percentages, payment procedures, Commission fee payment schedules, and Affiliate Program rules.

    12.3. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your Continued participation in the Affiliate Program following our posting of a change notice or new agreement on our website will constitute binding acceptance of the change.

  13. INDEPENDENT REVIEW AND INVESTIGATION

    13.1. Your submission of the application for the Affiliate Program acknowledges that you understand and have read this Agreement (including the General Terms) in full, and agree to be bound by all the terms and conditions of this Agreement. You understand that other Affiliates may have a different relationship with Bluf than you, including competitors.

    13.2. You acknowledge that you have independently reviewed and assessed the advantages and disadvantages of participating in this Affiliate Program, and you are not relying on any guarantees, representations, or statements other than this Agreement as set forth herein.

I, AS A POTENTIAL AFFILIATE, INDICATE MY ASSENT TO THIS AGREEMENT AND MY DESIRE TO BECOME AN AFFILIATE HEREIN BOUND BY
THE AFOREMENTIONED TERMS AND CONDITIONS, BY COMPLETING AND SUBMITTING THE AFFILIATE PROGRAM APPLICATION FORM, BY
SUBMITTING PROPOSED REFERRED CUSTOMERS AND/OR INFORMATION REGARDING THE QUALIFYING ACTIONS TO BLUF UNDER THIS AFFILIATE
PROGRAM AND/OR BY COLLECTING ANY COMMISSION PAYMENTS FROM BLUF.