Publisher Agreement

This Publisher Agreement ("Agreement") is a legally binding contract between you ("Publisher," "Affiliate," or "you") and DevoCash ("Platform," "we," or "us") governing your participation in our affiliate and cashback program. By applying to join the program, displaying our links, or earning commissions through the Platform, you acknowledge that you have read, understood, and agreed to be bound by this Agreement in full.

If you do not agree with any provision of this Agreement, you must not apply, must not display our links, and must cease all promotional activity on our behalf immediately. We may update this Agreement from time to time; continued participation after any change constitutes acceptance of the revised terms.

You represent and warrant that you are at least 18 years of age and have the legal authority to enter into this Agreement.

As a Publisher, you agree to:

• Maintain accurate, current, and truthful information in your account profile at all times.
• Promote merchant offers and the Platform in a lawful, ethical, and professional manner.
• Comply with all applicable laws, regulations, and advertising standards in every jurisdiction in which you operate.
• Ensure that any content you publish does not infringe the rights of any third party.
• Disclose your affiliate relationship clearly and conspicuously wherever required by law, including under FTC guidelines.
• Keep your promotional materials up to date and remove expired or deactivated offers promptly.
• Cooperate with us in good faith to resolve tracking discrepancies, fraud investigations, and merchant disputes.
• Protect the confidentiality of any non-public information, creatives, or data we share with you.

You are solely responsible for the content, conduct, and compliance of your promotional channels.

Conversions are attributed using cookies, server-to-server tracking, and/or unique referral identifiers. The following rules apply:

• The last qualifying click from our Platform within the attribution window receives credit.
• The standard cookie window is 30 days unless a merchant specifies otherwise.
• Attribution requires the user to complete the purchase in the same session without an intervening qualifying click from another channel.
• We are not liable for tracking failures caused by ad blockers, browser settings, network interruptions, or user actions that prevent cookie placement.
• Disputes regarding attribution must be submitted within 60 days of the transaction date with supporting evidence.

Tampering with tracking mechanisms or attempting to manipulate attribution is a material breach of this Agreement.

You agree to comply with all applicable data protection laws, including the GDPR, CCPA, and any equivalent regulations. In particular, you must:

• Obtain valid consent before setting tracking cookies or collecting personal data from end users.
• Provide a clear, accessible privacy policy on your channels describing your data practices.
• Use any user data we share with you solely for purposes authorized under this Agreement.
• Not sell, rent, or transfer user data to third parties without explicit consent.
• Notify us without undue delay of any actual or suspected data breach affecting Platform-related data.

We process personal data in accordance with our Privacy Policy. More detail on how we handle cookies is available in our Cookie Policy.

We grant you a limited, non-exclusive, revocable, non-transferable license to use our trademarks, logos, and approved creatives solely for the purpose of promoting the Platform in accordance with this Agreement and our Brand Guidelines.

• You may not alter, distort, or combine our marks with other elements in a way that implies unauthorized endorsement.
• You must not register or use domain names, social handles, or keywords that incorporate our or our merchants' trademarks.
• Merchant trademarks and logos remain the property of their respective owners and are licensed only for the duration of an active campaign.
• Upon termination, you must immediately cease all use of our marks and remove all creatives from your channels.

All goodwill derived from the use of our marks inures solely to our benefit.

This Agreement begins upon approval of your application and continues until terminated by either party. Either party may terminate this Agreement at any time, with or without cause, upon written notice.

We may suspend or terminate your account immediately if you:

• Violate any provision of this Agreement, including the prohibited promotional methods.
• Engage in fraudulent, deceptive, or unlawful activity.
• Become inactive (no qualifying clicks or conversions) for 12 consecutive months.
• Bring our brand or our merchants' brands into disrepute.

Upon termination, any pending commissions not yet confirmed may be voided, and you must remove all links and creatives within 48 hours. Clauses that by their nature should survive termination (including liability, confidentiality, and IP) shall remain in effect.

The Platform and all affiliate tools are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, and shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, data, goodwill, or business opportunities.
• Tracking errors, network outages, or merchant-side failures beyond our control.
• Any unauthorized access to or use of your account or channels.

Our aggregate liability under this Agreement, regardless of the form of action, shall not exceed the total commissions we paid you in the three months preceding the event giving rise to the claim.