Affiliate Program Terms

1. Definitions

The following definitions apply throughout these Affiliate Program Terms. Capitalized terms not defined herein shall have the meanings ascribed to them in the Kotova Terms of Service.

• "Affiliate" means any natural or legal person who has been accepted into the Kotova Affiliate Program, has agreed to these Affiliate Program Terms, and actively promotes Kotova's services through their unique Affiliate Link in exchange for Commission payments.
• "Affiliate Link" means the unique, trackable URL assigned to each Affiliate upon enrollment in the Affiliate Program. The Affiliate Link is used to attribute Referrals and their subsequent transactions to the Affiliate for the purpose of calculating Commission payments.
• "Affiliate Program" means the referral and commission program operated by Kotova, as governed by these Affiliate Program Terms, through which Affiliates may earn Commission by referring new users to Kotova's services.
• "API" means the Application Programming Interface provided by Kotova that enables Affiliates to programmatically access their affiliate data, including but not limited to referral statistics, commission balances, and transaction history.
• "Kotova" means Kotova, a company registered in Hamburg, Germany, operating the non-custodial cryptocurrency exchange platform accessible at kotova.io and its associated subdomains and services.
• "Profile" means the Affiliate's personal dashboard or account area within the Kotova platform, through which the Affiliate may access their Affiliate Link, view referral statistics, track Commission earnings, manage payouts, and administer their participation in the Affiliate Program.
• "Referral" means a new user who accesses Kotova's services through an Affiliate's unique Affiliate Link and subsequently completes at least one qualifying transaction on the Kotova platform. A user is attributed as a Referral to the Affiliate whose Affiliate Link was the first to be used by the user; an Affiliate Link used subsequently does not replace an existing attribution. The attribution is stored in the user's browser and remains valid for three hundred sixty-five (365) days, provided that it is not deleted from the browser before then. If the user creates a user account on the Kotova platform (a "Kotova Account") while such an attribution is present, the user remains attributed to that Affiliate for all transactions the user initiates while signed in to that Kotova Account, on any device, for as long as the Affiliate's account is active.
• "Tools" means all promotional materials, banners, widgets, landing pages, API access, and other resources made available by Kotova to Affiliates for the purpose of promoting Kotova's services and generating Referrals.
• "Commission" means the monetary compensation payable to an Affiliate in respect of qualifying transactions completed by their Referrals, calculated as a percentage of the revenue generated by Kotova from such transactions, as further specified in Section 5 of these Affiliate Program Terms.

2. Enrollment in the Affiliate Program

To participate in the Kotova Affiliate Program, you must create a Kotova Account, verify the email address associated with it, and activate the Affiliate Program in the account area of the Kotova platform. By activating the Affiliate Program, you complete the registration process and you represent and warrant that you have read, understood, and agree to be bound by these Affiliate Program Terms, the Kotova Terms of Service, and the Kotova Privacy Policy. Affiliate Profiles that were created before the introduction of Kotova Accounts by entering a wallet address on an order page ("Legacy Profiles") remain valid. To continue to be managed, a Legacy Profile must be linked to a Kotova Account by opening the link to the Legacy Profile, confirming the receiving address of the order from which the Legacy Profile was created, and signing up for or signing in to a Kotova Account.

Upon successful registration, you will receive a unique Affiliate Link that is exclusively assigned to your account. This Affiliate Link must be used in all promotional activities to ensure that Referrals and their subsequent transactions are properly attributed to your account. You are solely responsible for the correct use and distribution of your Affiliate Link.

Kotova reserves the right to accept or reject any Affiliate Program application at its sole discretion, without obligation to provide reasons for rejection. Kotova may also impose additional eligibility criteria or conditions for participation in the Affiliate Program at any time.

Each Kotova Account may be associated with one (1) Affiliate account and one (1) Affiliate Link only. It is permitted for affiliates to use their own Affiliate Link to make use of Kotova's services for their own personal use, provided that such use does not violate any of the Affiliate Program Terms or the Kotova Terms of Service.

You must provide accurate, current, and complete information during the registration process, including a valid email address to which you have access, and maintain the accuracy of such information throughout your participation in the Affiliate Program. Failure to provide or maintain accurate information may result in the suspension or termination of your Affiliate account and forfeiture of any outstanding Commission.

3. Affiliate Rights and Obligations

By participating in the Kotova Affiliate Program, the Affiliate agrees to comply with the following rights and obligations:

• Compliance with Terms: The Affiliate shall read, understand, and comply with these Affiliate Program Terms, the Kotova Terms of Service, and all applicable laws and regulations at all times. Ignorance of these terms shall not constitute a valid defense against any breach.
• Truthful Information: The Affiliate shall provide only truthful, accurate, and non-misleading information when promoting Kotova's services. All promotional materials, communications, and representations made by the Affiliate must be factually correct and must not exaggerate, misstate, or omit material information about Kotova's services, fees, features, or limitations.
• Legal Capacity: The Affiliate represents and warrants that they possess the full legal capacity to enter into a binding agreement under the laws of their jurisdiction of residence or incorporation. Natural persons must be at least eighteen (18) years of age or have reached the age of legal majority in their jurisdiction, whichever is higher.
• Referral Compliance: The Affiliate acknowledges and agrees that each Referral must independently agree to and be bound by the Kotova Terms of Service prior to using Kotova's services. The Affiliate shall not make any representations, warranties, or guarantees to Referrals that are inconsistent with the Kotova Terms of Service.
• Website and Channel Maintenance: If the Affiliate promotes Kotova's services through a website, blog, social media channel, or any other online platform, the Affiliate is solely responsible for the creation, operation, maintenance, and compliance of such channels. The Affiliate's promotional channels must comply with all applicable laws, including but not limited to consumer protection, advertising disclosure, and data protection regulations.
• Error Reporting: The Affiliate shall promptly report to Kotova any errors, bugs, vulnerabilities, or irregularities discovered in connection with the Affiliate Program, including but not limited to errors in commission calculations, tracking discrepancies, or technical malfunctions of the Affiliate Link or API. Reports should be directed to legal@kotova.io.

Kotova grants the Affiliate a limited, non-exclusive, non-transferable, revocable license to use the Tools provided by Kotova solely for the purpose of promoting Kotova's services within the scope of the Affiliate Program. This license does not confer any ownership rights and may be revoked at any time at Kotova's sole discretion.

4. Affiliate Restrictions

The following activities are strictly prohibited under the Kotova Affiliate Program. Any violation of these restrictions constitutes a material breach of these Affiliate Program Terms and may result in immediate termination of the Affiliate's account, forfeiture of all outstanding Commission, and further legal action at Kotova's discretion.

• Paid Search Advertising on Kotova Keywords: The Affiliate shall not bid on, purchase, or otherwise acquire paid search advertising (including but not limited to Google Ads, Bing Ads, or any other pay-per-click or display advertising platform) using "Kotova," "kotova.io," or any variations, misspellings, or derivatives of the Kotova brand name as keywords, ad copy, or display URLs. This restriction applies to all search engines and advertising networks.
• Domain Name Restrictions: The Affiliate shall not register, acquire, or use any domain names that contain "Kotova," "kotova.io," or any confusingly similar variations of the Kotova brand name. This includes but is not limited to typo-squatting domains, homoglyph domains, and domains that could reasonably be mistaken for an official Kotova domain.
• Cookie Stuffing: The Affiliate shall not engage in cookie stuffing, cookie dropping, or any technique that causes an Affiliate tracking cookie to be set on a user's device without the user's knowledge, consent, or genuine intent to visit Kotova's platform. This includes the use of hidden iframes, zero-pixel images, forced redirects, pop-unders, or any other mechanism designed to artificially generate Referral attribution.
• Misrepresentation of Relationship: The Affiliate shall not represent, imply, or suggest that they are an employee, officer, director, partner, agent, or official representative of Kotova. The Affiliate shall clearly disclose their status as an independent affiliate in all promotional activities and shall not create the impression of an official endorsement, partnership, or sponsorship by Kotova unless explicitly authorized in writing.
• Illegal or Unethical Activities: The Affiliate shall not promote Kotova's services through any means that are illegal, fraudulent, deceptive, defamatory, obscene, or otherwise unethical. This includes but is not limited to the use of unsolicited bulk email (spam), malware distribution, phishing, social engineering, or any form of deceptive marketing practice that violates applicable consumer protection or advertising laws.
• Spamming Official Channels: The Affiliate shall not post, distribute, or disseminate Affiliate Links or promotional materials through Kotova's own official communication channels, including but not limited to Kotova's customer support systems, social media accounts, community forums, Telegram groups, or any other Kotova-operated platform, without prior written authorization from Kotova.

Kotova reserves the right to investigate any suspected violation of these restrictions and to take appropriate remedial action, including but not limited to the reversal of fraudulently earned Commission, temporary or permanent suspension of the Affiliate account, and the pursuit of civil or criminal remedies as permitted by law.

5. Affiliate Earnings and Commissions

5.1 Commission Rate

The Affiliate shall earn a Commission equal to twenty percent (20%) of the net revenue generated by Kotova from each qualifying transaction completed by the Affiliate's Referrals. Net revenue is defined as the commission that Kotova receives from the counterparty of the order for processing the transaction, minus all costs incurred by Kotova in connection with that transaction, or other charges retained by Kotova from a transaction, after deducting any applicable network fees, third-party processing costs, and refunds. Kotova reserves the right to modify the Commission rate at any time upon thirty (30) days' prior written notice to the Affiliate. Notices are sent to the email address of the Affiliate's Kotova Account. Holders of Legacy Profiles that have not been linked to a Kotova Account are advised to review the affiliate terms periodically.

A transaction is considered "qualifying" if it is completed in full, is not subsequently reversed, refunded, or cancelled, and is initiated by a Referral who accessed Kotova's services through the Affiliate's valid Affiliate Link. Transactions that are flagged as fraudulent, in violation of the Kotova Terms of Service, or that are otherwise deemed ineligible by Kotova's compliance or risk management systems shall not generate Commission.

5.2 Minimum Withdrawal Amount

Commission earnings are accrued in the Affiliate's Profile and become eligible for withdrawal once the accumulated balance reaches the applicable minimum withdrawal threshold. The minimum withdrawal amount is determined by Kotova and is displayed in the Affiliate's Profile. Kotova may adjust the minimum withdrawal threshold at any time. Commission balances below the minimum withdrawal threshold cannot be withdrawn and will remain in the Affiliate's account until the threshold is met.

5.3 Withdrawal Process

The Affiliate may request a Commission withdrawal in the account area of the Kotova platform once the minimum withdrawal amount has been reached. A withdrawal request requires a verified email address and enabled two-factor authentication on the Affiliate's Kotova Account, and must be confirmed with a one-time code generated by the Affiliate's authenticator application. All withdrawal requests are subject to review and approval by Kotova. Kotova shall process approved withdrawal requests within fourteen (14) business days of receipt. Kotova reserves the right to delay or withhold any withdrawal pending the completion of compliance checks, fraud investigations, or verification of the Affiliate's identity and account information.

Commission payments shall be made in USDC or USDT on a supported network selected by the Affiliate in the withdrawal request (currently BNB Smart Chain, Solana, Arbitrum One, and Ethereum; additionally Tron for USDT), to the receiving address specified by the Affiliate in that request, subject to availability and any applicable network or processing fees. The Affiliate is solely responsible for the accuracy of the network and receiving address specified. Kotova shall not be liable for any loss of funds resulting from incorrect payment information provided by the Affiliate.

The Affiliate's Profile is accessed by signing in to the Affiliate's Kotova Account with the email address and password of that account and, where enabled, two-factor authentication. The Affiliate is solely responsible for keeping their credentials, authenticator application, and backup codes secure, and for maintaining access to the email address of their Kotova Account. A forgotten password can be reset through a link sent to that email address. If the Affiliate has lost access to both the authenticator application and the backup codes, the Affiliate may contact Kotova's support team, which may, at its sole discretion and after verifying to its satisfaction that the request comes from the holder of the Kotova Account, reset the two-factor authentication of that account; withdrawal requests made shortly after such a reset or after a password change may be subject to additional review. Kotova is not otherwise obliged to restore access to a Kotova Account. The receiving address is not set at the time of registration; it is specified by the Affiliate in each withdrawal request. A Legacy Profile cannot request withdrawals until it has been linked to a Kotova Account.

5.4 Tax Obligations

The Affiliate is solely responsible for the reporting and payment of all taxes, duties, and other governmental levies applicable to Commission earnings in their jurisdiction of residence or incorporation. Kotova does not withhold taxes on Commission payments and shall not be held liable for any tax obligations of the Affiliate. The Affiliate agrees to indemnify and hold Kotova harmless from any claims, penalties, or liabilities arising from the Affiliate's failure to comply with their tax obligations.

5.5 Profile Expiration

Affiliate accounts and Profiles that are linked to a Kotova Account do not expire. A Legacy Profile that has not been linked to a Kotova Account shall expire on the expiration date displayed at the time of its creation. Linking a Legacy Profile to a Kotova Account before that date removes the expiration. Once a Legacy Profile has expired, it can no longer be linked to a Kotova Account. Upon expiration of a Legacy Profile, any outstanding Commission balance that has not been withdrawn by the Affiliate prior to the expiration date shall be forfeited and shall no longer be redeemable. If the outstanding Commission balance is below the minimum withdrawal threshold at the time of Profile expiration, such Commission shall expire in full at that point. Any Commission accrued from transactions completed after the expiration date of the Legacy Profile shall not be credited to the Affiliate and shall not be redeemable.

6. Termination

Kotova reserves the right to exclude any Affiliate from the Affiliate Program, suspend or terminate their Affiliate account, and revoke access to all Tools and API keys at any time, with or without prior notice, and at its sole discretion. Termination may occur for any reason, including but not limited to:

• Violation of any provision of these Affiliate Program Terms, the Kotova Terms of Service, or any other applicable Kotova policy.
• Engagement in any of the prohibited activities described in Section 4 of these Affiliate Program Terms.
• Suspected or confirmed fraudulent activity, including the artificial generation of Referrals, manipulation of tracking data, or abuse of the Commission system.
• Conduct that, in Kotova's reasonable judgment, damages or threatens to damage the reputation, brand, or business interests of Kotova.
• Failure to comply with applicable laws, regulations, or industry standards in connection with the Affiliate's promotional activities.
• Inactivity or failure to generate any qualifying Referrals within a consecutive twelve (12) month period.

Upon termination, Kotova may take one or more of the following actions:

• Immediately deactivate the Affiliate's Affiliate Link and revoke access to the Affiliate's Profile, Tools, and API keys.
• Forfeit any unpaid Commission balance in the Affiliate's account, particularly where termination results from a breach of these Affiliate Program Terms or fraudulent activity.
• Prohibit the Affiliate from requesting or receiving any further Commission withdrawals.
• Block the Affiliate from re-enrolling in the Affiliate Program, either temporarily or permanently.

The Affiliate may voluntarily terminate their participation in the Affiliate Program at any time by providing written notice to legal@kotova.io. In the event of voluntary termination, the Affiliate may request a final Commission withdrawal, provided their balance meets the minimum withdrawal threshold and no outstanding compliance or fraud investigation is pending against their account. Deleting the Kotova Account to which the Affiliate's Profile is linked also terminates the Affiliate's participation in the Affiliate Program; any Commission balance that has not been withdrawn before the deletion is forfeited. A Kotova Account cannot be deleted while a withdrawal request is pending.

Termination of the Affiliate's participation in the Affiliate Program shall not affect any rights or obligations that have accrued prior to the effective date of termination. Sections 1, 4, 5.4, 6, and 7 of these Affiliate Program Terms shall survive termination.

7. General

These Affiliate Program Terms constitute an integral part of the Kotova Terms of Service and are to be read and interpreted in conjunction therewith. In the event of any conflict or inconsistency between these Affiliate Program Terms and the Kotova Terms of Service, these Affiliate Program Terms shall prevail to the extent of the conflict with respect to matters relating to the Affiliate Program.

Kotova reserves the right to modify, amend, or update these Affiliate Program Terms at any time. Material changes will be communicated to Affiliates by email to the email address of their Kotova Account; holders of Legacy Profiles that have not been linked to a Kotova Account are informed through a notice posted in the Profile or on this page. Continued participation in the Affiliate Program following the publication of amended terms constitutes acceptance of the revised Affiliate Program Terms. Affiliates who do not agree with the amended terms must cease participation in the Affiliate Program and notify Kotova in writing.

These Affiliate Program Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions. The courts of Hamburg, Germany, shall have exclusive jurisdiction over any disputes arising out of or in connection with these Affiliate Program Terms.

If any provision of these Affiliate Program Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, while preserving the original intent of the parties.

The Affiliate's relationship with Kotova is that of an independent contractor. Nothing in these Affiliate Program Terms shall be construed to create a partnership, joint venture, agency, franchise, employment, or fiduciary relationship between the Affiliate and Kotova.

For any questions, concerns, or inquiries regarding these Affiliate Program Terms or the Kotova Affiliate Program, please contact our legal team at legal@kotova.io.