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Kittl Affiliate Program - Privacy Notice

Effective date: 10 August 2026

This Privacy Notice describes how Kittl processes personal data in connection with the Kittl Affiliate Program and the Kittl Affiliate Platform. It supplements Kittl's main Privacy Policy, which governs all other use of kittl.com and Kittl's services. Where this Notice and the main Privacy Policy conflict on affiliate matters, this Notice applies. For cookies, please see Kittl's Cookie Policy.

Data controller

The data controller is Kittl Technologies GmbH, Saarbrücker Straße 37, 10405 Berlin, Germany. For any privacy request or question, contact us at info@kittl.com.

Personal data we collect

Partner data: your name, contact details, account credentials, tax information (legal form, tax residency, VAT identification number or tax number where applicable, and small-business status), and the payout details you provide during onboarding.

Referred-customer data: click and attribution data (which may include hashed or pseudonymous identifiers), sign-up and subscription events, and related traffic data. We use this data to attribute referrals to Partners and to calculate Commission.

Technical data: when you use the Affiliate Platform, we automatically collect device and log data such as IP address, browser type, and interaction data, using cookies, log files, and similar technologies. See the Cookie Policy for details.

How we use your data and our legal bases

To operate the Program, track referrals, and calculate and pay Commission - performance of a contract (the Affiliate Terms).
To meet tax, invoicing, and self-billing obligations - compliance with a legal obligation.
To prevent fraud, protect attribution integrity, and produce program analytics - our legitimate interests.
To communicate with you about the Program - performance of a contract and our legitimate interests.

Who we share your data with

For the sole purpose of operating the Program, Kittl shares personal data with the following processors:

Tipalti, Inc. - Commission payout management. Foster City, California, USA. Privacy policy: https://tipalti.com/privacy/
Stripe, Inc. - Subscription and coupon-code management, conversion tracking. South San Francisco, California, USA. Privacy policy: https://stripe.com/privacy
Stripe Payments Europe, Ltd. - Sub-processor to Stripe, Inc. for the above. Dublin, Ireland. Privacy policy: https://stripe.com/privacy
HubSpot, Inc. - Affiliate/CRM management. Cambridge, Massachusetts, USA. Privacy policy: https://legal.hubspot.com/privacy-policy
Impact Tech, Inc. - Affiliate conversions tracking and commissions payout management (legacy Impact arrangements). Santa Barbara, California, USA. Privacy policy: https://impact.com/privacy-policy/
Mux, Inc. - Hosting and storing pre-submitted video content for certain campaigns. San Francisco, California, USA. Privacy policy: https://www.mux.com/privacy

We may also disclose personal data to comply with applicable laws and regulations, to respond to a lawful request (such as a subpoena or court order), or to protect our rights.

International transfers

Where these processors are located outside the EEA, Kittl relies on an appropriate transfer safeguard - such as the European Commission's Standard Contractual Clauses or an applicable adequacy decision - for any transfer of personal data.

How long we keep your data

We retain click, sign-up, and conversion data (which may include hashed or pseudonymous identifiers) only for as long as needed to operate the Program, calculate and validate Commission, and resolve disputes - and in any event no longer than twenty-four (24) months after the relevant referral, after which it is deleted or irreversibly anonymized, except where a longer period is required by law. Payout, invoicing, and tax records are retained for the statutory retention periods required under applicable tax and accounting law (in Germany, §147 AO and §257 HGB).

Your rights

You have the right to access your personal data and to request its rectification, erasure, or restriction; the right to data portability; and the right to object to processing. Where processing is based on consent, you may withdraw that consent at any time. You also have the right to lodge a complaint with a supervisory authority - in Germany, the Berliner Beauftragte für Datenschutz und Informationsfreiheit. To exercise any of these rights, contact us at info@kittl.com. We will respond subject to any statutory retention obligations and any active dispute or fraud investigation.

Changes

We may update this Notice from time to time to reflect changes in our practices or for operational, legal, or regulatory reasons. The current version is published on the Affiliate Platform.

Contact

Kittl Technologies GmbH, Saarbrücker Straße 37, 10405 Berlin, Germany. Email: info@kittl.com.

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Kittl Affiliate Program - Terms & Conditions

Version v1.1

Effective date: 2 October 2026

These Terms govern participation in the Kittl Affiliate Program, operated on the Kittl Affiliate Platform. They apply to all partners that promote Kittl through that platform. If these Terms conflict with any Partner Contract, these Terms control for marketing conduct, disclosure, tracking, and payout rules.

1. Definitions

Kittl means Kittl Technologies GmbH or the Kittl entity shown in the Partner Contract, which operates the Program. References to \"Kittl\" throughout these Terms mean that entity.

Program means the Kittl Affiliate Program, also referred to as the Kittl Creators Program, operated by Kittl.

Partner means the approved affiliate, publisher, creator, influencer or subnetwork participating in the Program.

Partner Contract means the individual affiliate terms that apply to a specific Partner — whether accepted online at enrollment or set out in a separately signed agreement — including the contracting Kittl entity, the Partner's commission rate and tier, and any Partner-specific rights or terms. It applies together with these Terms; the Program dashboard may set or update the rate and tier, and where no separate Partner Contract exists, the Program dashboard serves as the Partner Contract (see §3.1a).

Services means the promotion of Kittl that is intended to drive Actions.

Action means a Sign-up or a commissionable payment as defined in §11.

New Customer means a person or entity that has never previously held a paid Kittl subscription. A prior free Kittl account does not disqualify a customer from being a New Customer. Only subscriptions by New Customers are commissionable.

Paying referral means a New Customer whose subscription is attributed to the Partner and who makes a first payment to Kittl.

Earning Window means the period during which a referred New Customer's payments to Kittl are commissionable, determined by the plan they purchase: for an annual subscription, only the first payment is commissionable; for a monthly subscription, the first three (3) consecutive monthly billing cycles, beginning with the first payment. The monthly cycles must be consecutive: if the subscription lapses or is canceled during the Earning Window, the Window ends and does not resume if the customer later resubscribes. Payments the customer makes within the Earning Window are commissionable; payments after it are not. A late or failed payment does not end the Earning Window while the customer's subscription remains active under Kittl's standard billing and payment-retry process; Commission on that payment is earned only if and when the payment is successfully made.

Commission means the percentage of a commissionable payment payable to the Partner, at the rate set out in the Partner Contract or the Program dashboard, as it applies to that Partner at the time of the payment.

Platform means the Kittl Affiliate Platform - Kittl's own affiliate tracking, attribution, and reporting infrastructure.

Sub affiliate means any third party engaged by Partner to provide the Services under Partner's account.

2. Joining and eligibility

2.1 Partner must submit accurate information in their application and keep it current. Kittl may approve or reject applications at its sole discretion.

2.2 The Program is intended for lawful, brand-safe promotion to genuine end users. Adult, illegal, hateful, or unsafe content is not permitted. Kittl may require a Partner to remove or amend any placement that poses a reputational or legal risk to Kittl, and where the Partner does not do so promptly, may withhold Commission attributable to that placement and suspend or terminate the Partner under §18.

2.3 Partner represents that they are at least 18 years of age and that they are not located in, or a resident of, any country or region subject to comprehensive sanctions, and are not on any applicable sanctions or denied-party list.

2.4 Partner participates in the Program in a business, self-employed, or professional capacity (as an entrepreneur/trader), and not as a consumer. Partner is responsible for any registration, licensing, or tax obligations arising from that capacity.

3. Relationship to the Partner Contract

3.1 These Terms, together with the Partner Contract, govern participation in the Program. Tracking, calculation, and payment are facilitated by the Platform.

3.1a Where no separate Partner Contract exists. Where a Partner enrolls online without a separately signed Partner Contract, these Terms together with the Partner's enrollment and the rate, tier and terms shown on the Program dashboard constitute the Partner Contract for the purposes of these Terms, subject to Kittl's right to correct manifest errors under §11.8. References to the Partner Contract are satisfied by the Program dashboard in that case.

3.2 Order of precedence. In case of conflict: (a) for marketing conduct, disclosure, tracking, and payout processing rules, these Terms prevail over the Partner Contract; (b) for Partner-specific commercial terms (such as rate, tier, and any bespoke rights), the Partner Contract prevails, or where no separate Partner Contract exists, the rate, tier and terms shown on the Program dashboard prevail.

3.3 Legacy Impact arrangements. These Terms govern the Kittl Affiliate Platform only. Any pre-existing affiliate arrangement a Partner holds on impact.com continues under impact.com's own terms until it ends or is expressly migrated to the Kittl Affiliate Platform. A Partner cannot be commissioned twice for the same Action across both platforms.

4. Marketing compliance and disclosures

4.1 Partner must comply with all laws and guidance that apply to advertising and endorsements, including at a minimum: the United States FTC Endorsement Guides, United Kingdom CAP Code and CMA guidance, and EU consumer protection and unfair commercial practices rules.

4.2 Disclosure and ad labeling. Partner must provide clear and conspicuous disclosure of any commercial relationship with Kittl on any page, post, video, email, or placement that could result in a commission. The disclosure must appear before or adjacent to the call to action or affiliate link, and must be visible without user interaction (without clicking \"more\"). At minimum, it must use a clear, platform-appropriate advertising label — \"#ad\" or \"#affiliate\" for English-language content, and \"Werbung\" or \"Anzeige\" for German-language content — placed at the start of the caption or as a prominent on-screen/in-video label. Ambiguous terms such as \"sponsored by a partner,\" \"#sp,\" or \"thanks to Kittl\" alone are not sufficient. Where a platform provides a native paid-partnership disclosure tool, Partner must also enable it.

4.3 Where a free trial or introductory offer is promoted, Partner must accurately state the trial length, what is included, renewal price, billing cadence, and how to cancel. No dark patterns or misleading omissions.

4.4 AI-generated content transparency. Where a Partner's content includes images, video, or audio that has been generated or materially altered using AI and that could reasonably appear authentic (for example, realistic depictions of people, products, places, or scenarios), the Partner must clearly and visibly disclose that the content is AI-generated, in the caption or another easily noticeable location. The Partner is responsible for meeting any AI-content transparency or labeling obligations that apply to them, including, where applicable, the transparency requirements under the EU AI Act (Regulation (EU) 2024/1689). This is in addition to the advertising disclosures in 4.1–4.2.

4.5 Partner must not represent that any commission rate is permanent, guaranteed, or \"locked for life.\" A Partner's rate applies while they remain active in the Program and is subject to change under these Terms, including the step-down for inactivity (§12.4), changes to the Program (§17), and the end of participation under §12.6 or §18. Any public description of a rate must not present it as permanent, guaranteed, or unconditional.

5. Prohibited and restricted promotional methods

5.1 The following methods are prohibited: forced clicks, cookie stuffing, device fingerprinting, hidden iframes, ad injection, link cloaking or redirects that disguise the link destination, spyware or malware, toolbar or extension injection, synthetic reviews or testimonials, fabricated screenshots, misrepresenting pricing or features, impersonation of Kittl staff, domain squatting, using \"Kittl\" or confusingly similar terms in social media handles, usernames, profile or channel names, or in domain names, offering users payment, rewards, or other incentives to click, sign up, or subscribe (incentivized traffic) without Kittl's prior written approval, and traffic from adult/illegal content.

5.2 Voucher and deal policy: only codes supplied through the affiliate channel or expressly authorized by Kittl may be promoted. Do not publish staff, student, loyalty or single-use codes. Note that promotional codes may assist a customer's purchase, but Commission is earned on link click only (see §11.6) - promoting a code does not by itself earn Commission.

5.3 Email marketing must use first-party opt-in lists with valid sender identity and an unsubscribe mechanism. No unsolicited commercial email.

5.4 Price comparison, review and editorial sites must provide accurate information and link to Kittl's official plan and pricing pages.

5.5 Coupon and cashback placements. Partner must not post or promote affiliate links or promotional codes on coupon, voucher, deal-aggregation, or cashback websites, browser extensions, or communities, unless Kittl has expressly authorized that placement in writing. The Partner must notify Kittl promptly upon becoming aware that their affiliate links or promotional codes have been published or used on any placement prohibited under this §5.5 or under §5.1, or otherwise without the Partner's authorization, and must take reasonable steps to have the placement removed.

6. Paid advertising and brand protection

6.1 No paid advertising promoting Kittl. Partner must not run paid advertising that promotes Kittl or drives paid traffic to Kittl, whether or not it uses Kittl's brand terms, on any paid channel — including paid search, paid social, display, native, and video/pre-roll. Such advertising competes with Kittl for the same audiences and raises acquisition costs for Kittl and for all Partners. This does not restrict a Partner from paid advertising of the Partner's own properties — for example, boosting their own video, post, article, blog, or newsletter that mentions Kittl and carries their affiliate link. This applies only where the advertising promotes the Partner's own property rather than Kittl directly, does not bid on or target Kittl's trademarks or brand terms, and does not link directly to a Kittl domain.

6.2 Brand bidding and trademarks. No bidding on Kittl trademarks, misspellings, or brand-plus-generic terms, and no use of Kittl marks in ad copy, display URL, or paths. A restricted-terms list is in Annex A.

6.3 Landing pages. No direct linking from any paid ad to Kittl domains; any permitted landing page must belong to the Partner.

6.4 Negative keywords. Maintain and apply negative keyword lists at campaign and ad-group level.

6.5 Exceptions require written approval. Where paid advertising would otherwise be prohibited under 6.1, Kittl may permit it only by prior written approval for a specific Partner or campaign (for example, a VIP arrangement). Paid activity that breaches 6.1 without such approval is itself a violation, subject to 6.6–6.7.

6.6 Enforcement — first violation. Kittl issues a written warning; Partner must cease within 24 hours; failure results in immediate suspension and forfeiture of Commission attributable to the violating activity.

6.7 Enforcement — second violation. Immediate termination and forfeiture of Commission attributable to the violating activity.

7. Influencers, creators and content standards

7.1 Reviews and endorsements must reflect honest opinions. Material connections must be disclosed.

7.2 Do not claim typical results where only exceptional results are available. Do not make comparative claims without verifiable evidence.

7.3 AI-generated content is permitted only if factual statements about Kittl features and pricing are accurate. AI testimonials presented as human experience are prohibited. (AI-media labeling is covered separately in §4.4.)

8. Sub affiliates and subnetworks

8.1 Sub affiliates and subnetworks are permitted only with Kittl's prior written approval. Where approved, Partner is responsible for all activity of its Sub affiliates and must pass these Terms down in full.

8.2 On request, Partner will disclose traffic sources and remove non-compliant Sub affiliates within 24 hours.

9. Brand assets and IP

9.1 Kittl grants a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use approved brand assets solely for the Services.

9.2 On notice, Partner will update or remove assets within 24 hours.

9.3 All goodwill arising from Partner's use of Kittl marks inures to Kittl. Partner acquires no rights in the marks beyond the license in 9.1.

10. Data protection and cookies

10.1 Partner must comply with all privacy and data protection laws applicable to them, including where applicable the UK/EU GDPR and US state privacy laws (such as the CCPA/CPRA).

10.2 No piggyback pixels or sharing of personal data without written approval.

10.3 Cookies must be used only with valid consent.

10.4 Partner must not fire any third-party conversion pixel on Kittl properties.

10.5 Sub-processors. For the sole purpose of operating the Program, Kittl may share Partner personal data with the following processors:

Tipalti, Inc. - Commission payout management - Foster City, California, USA - https://tipalti.com/privacy/
Stripe, Inc. - Subscription and coupon-code management, conversion tracking - South San Francisco, California, USA - https://stripe.com/privacy
Stripe Payments Europe, Ltd. - Sub-processor to Stripe, Inc. for the above - Dublin, Ireland - https://stripe.com/privacy
HubSpot, Inc. - Affiliate/CRM management - Cambridge, Massachusetts, USA - https://legal.hubspot.com/privacy-policy
Impact Tech, Inc. - Affiliate conversions tracking, commissions payout management (legacy Impact arrangements) - Santa Barbara, California, USA - https://impact.com/privacy-policy/
Mux, Inc. - Hosting and storing pre-submitted video content for certain campaigns - San Francisco, California, USA - https://www.mux.com/privacy

Where these processors are located outside the EEA, Kittl relies on an appropriate transfer safeguard (such as the European Commission's Standard Contractual Clauses or an applicable adequacy decision) for any transfer of personal data.

10.6 Partner shall not share third-party personal data without appropriate consent, and may request access to or deletion of their own personal data in accordance with applicable law.

10.7 Retention and deletion. Kittl retains click, sign-up, and conversion data (which may include hashed or pseudonymous user identifiers) only for as long as needed to operate the Program, calculate and validate Commission, and resolve disputes — and in any event no longer than twenty-four (24) months after the relevant Action, after which it is deleted or irreversibly anonymized, except where a longer period is required by law. Payout, invoicing, and tax records are retained for the statutory retention periods required under applicable tax and accounting law (in Germany, §147 AO and §257 HGB). A Partner may request access to, correction of, or deletion of their personal data, and may lodge a complaint with a competent supervisory authority; Kittl will comply subject to the statutory retention obligations above and any active dispute or fraud investigation. Where a Partner is removed for fraud or material breach, Kittl may retain limited identifying information about that Partner (such as name, email address, payment identifiers, and channel identifiers) for as long as necessary to prevent re-enrollment and to protect the Program, on the basis of Kittl's legitimate interest in fraud prevention.

11. Tracking, attribution and the earning model

11.1 Source of truth. Tracking and calculation are determined by the Platform (the Kittl Affiliate Platform) and Kittl's server-side events, subject to §11.8 (provisional figures and correction of errors).

11.2 What is attributed. Kittl attributes two separate events:

(a) Sign-up — a new Kittl account. A Sign-up is attributed to a Partner and shown in the Partner's dashboard as a progress signal, but is never itself a payable event.

(b) Subscription — a New Customer's first successful paid invoice. This is the commissionable event; Commission attaches to the subscription, not to the Sign-up.

11.3 How attribution works. Each event is attributed on a last-click, non-direct basis to the Partner whose tracked affiliate link the customer most recently clicked before that event, within a 30-day click lookback window published in the Program dashboard. Attribution is by link click only (§11.6). Clicks on non-affiliate channels — including Kittl's own paid advertising and direct visits — do not displace an affiliate's attribution; only a later click on a different Partner's affiliate link changes who is attributed. Because the two events are attributed independently, a customer's Sign-up and their later subscription may be attributed to different Partners; Commission always follows the Partner attributed to the subscription.

11.4 Commissionable payments. Where a New Customer's subscription is attributed to a Partner, the Partner earns Commission on each payment that New Customer makes within the Earning Window (see §1), including any upgrade or additional subscription payment in that Window. Commission = the applicable rate × the net amount the customer actually pays (what Kittl receives after any discount and after deduction of VAT or other sales taxes, and excluding any amount later refunded). A resubscription by a customer who has previously held a paid Kittl subscription is a reactivation, not a New Customer subscription, and is not commissionable. Where a customer upgrades from a monthly to an annual subscription within the Earning Window, the annual payment is commissionable as that customer's single annual payment and ends the Earning Window. Payments after the Earning Window, including renewals, are not commissionable.

11.5 Discounts reduce Commission proportionally. Because Commission is a percentage of the amount actually paid, any discount, promotional price, or introductory offer applied to a payment reduces the Commission on that payment by the same proportion. Partners co-fund promotional pricing in this way and are not entitled to Commission calculated on undiscounted list price.

11.6 Promo-code conversions are not separately attributed. Attribution is determined by link click only. Use of a promotional code by a customer does not create or transfer attribution and does not affect Commission owed to the link-attributed Partner.

11.7 Assisted or view-through credit is not permitted unless expressly stated in the Partner Contract.

11.8 Provisional figures and correction of errors. Statistics, visitor and sign-up counts, and Commission or earnings figures shown in the Program dashboard are provisional and for information only until the corresponding Commission is finalized for payout under §13.6; a figure shown before finalization does not by itself entitle the Partner to that amount. Kittl may at any time, before the affected Commission is paid, correct manifest errors in tracking, attribution, calculation, rating, or display — including duplicated, misattributed, misrated, or mistakenly credited or displayed Actions, rates, tiers, or amounts — and adjust the affected figures, rate, or tier accordingly. Recovery of Commission already paid as a result of a manifest error is governed by §14.5. Where a manifest error is corrected, the corrected value applies notwithstanding §3.1a and §11.1, and Kittl will notify the Partner of any material correction with a brief explanation.

12. Commission rates and rate schedule

12.1 Commission rates are set out in the Partner Contract and/or the Program dashboard and may vary by Partner, by tier, and over time in accordance with the rules published there.

12.2 Tiered rates. The Program operates a tiered rate ladder. A Partner's rate is determined by their tier, and tiers are earned according to the eligibility criteria published in the Program dashboard (for example, cumulative lifetime paying referrals and activity thresholds). Kittl may add, adjust, or retire tiers on notice under §17. Where a Partner meets the published threshold for a higher tier, the higher rate takes effect from the date the threshold is met and applies to commissionable payments made on or after that date.

12.3 No guaranteed rate. No commission rate is fixed, permanent, or locked for life. A Partner's starting rate, and any rate they hold at any time, is set and may be changed under the Program rules published in the Partner Contract and the Program dashboard — including through the tier system (§12.2), the activity-based step-down (§12.4), and changes to the Program (§17). A change that reduces a Partner's base commission rate (other than an activity-based step-down under §12.4) is a materially adverse change, and the Partner's remedy is the right to terminate under §17.4 before it takes effect. The rate applied to each commissionable payment is the rate in force for the Partner on the date of that payment. A rate change therefore applies to all commissionable payments made on or after its effective date — including payments within an Earning Window that is already open — and Commission on payments made before the effective date is not affected (see §17.3).

12.4 Rate step-down (conversion clock). If a Partner generates no paying referral within a rolling 90-day period, their Commission rate may step down by one tier (for example, 50% → 40% → 30%), down to but never below the Program's standard base rate. At most one step-down takes effect per rolling 90-day period, measured from the later of the Partner's most recent paying referral and the effective date of their most recent step-down (or, if neither has occurred, from the date the Partner's current rate took effect). If a further rolling 90-day period passes with no paying referral, a further one-tier step-down may take effect, down to but never below the base rate. Before a step-down takes effect, Kittl gives the Partner at least fourteen (14) days' advance notice; a single paying referral at any time before the step-down takes effect resets the clock and holds the current rate. A step-down adjusts the rate only and never removes a Partner from the Program. As provided in §12.3, an activity-based step-down under this section is not a materially adverse change and does not give rise to the right to reject under §17.4.

12.5 No removal for slow conversion. A Partner who is actively promoting (posting content and sending traffic) but has not yet converted referrals remains in good standing and simply sits at the base rate until referrals arrive.

12.6 Removal (activity clock). Kittl may remove a Partner who is wholly inactive - no posts, clicks, or traffic for more than six (6) months - after reasonable efforts to re-engage.

13. Payment, currency and Tipalti onboarding

13.1 Kittl validates Actions using Platform data and fraud checks.

13.2 Payout rail. All commissions are processed exclusively via Tipalti; no payout rail other than Tipalti is supported. The Partner must complete all required Tipalti onboarding steps, including submission of accurate and complete tax information as described in 13.5, before any payout can be made.

13.3 All commissions are denominated and paid in US Dollars (USD) via Tipalti; where a Partner elects to receive funds in another currency, the currency selection and any conversion are handled within Tipalti. The Partner bears any bank or withdrawal fees.

13.4 Partner is responsible for all taxes applicable to them in their own jurisdiction, including income taxes and, where applicable, social security contributions.

13.5 Tax information and self-billing.

(a) The Partner must provide accurate and complete tax information during Tipalti onboarding — including legal form (individual or company), tax residency, VAT identification number or tax number where applicable, and small-business status - and must promptly update this information upon any change. Kittl determines the tax treatment of payments based on the information provided.

(b) The parties agree that Kittl bills the Partner's services by way of self-billing credit notes (\"Gutschrift\" within the meaning of Sec. 14(2) of the German VAT Act), issued via Tipalti and delivered electronically, to which the Partner consents. The Partner shall not issue their own invoices for services billed this way and will notify Kittl of any objection to a credit note within fourteen (14) days of receipt; otherwise the credit note is deemed approved. VAT is shown on the credit note only where the Partner is VAT-registered and legally required to charge it (see 13.5(d)).

(c) Where Kittl is legally required to withhold taxes from payments, the amounts withheld are deemed paid to the Partner.

(d) VAT on Commission. Commission amounts are the total gross amounts payable to the Partner: any applicable VAT is already included and is not added on top. Where the Partner is VAT-registered and legally required to charge VAT, the VAT included in the total is shown separately on the self-billing credit note and the Partner remits it to the tax authority. Where no VAT applies (for example, small-business status under §19 UStG, or Partners outside Germany where the reverse-charge mechanism may apply), the same total is paid, and no VAT is shown.

13.6 Payout schedule and approval. Commission accrues during the calendar month in which the underlying payment is made (the \"earnings period\"). After the earnings period closes, the following month is used to finalize that period's Commission - approving payments whose refund/cancellation period has passed and deducting any refunds, cancellations, or reversals affecting those payments. The finalized Commission for an earnings period is then paid via Tipalti two months after the earnings period (the \"M+2\" schedule) - for example, Commission earned in July is finalized in August and paid in September. Kittl targets payout within the first five (5) business days of the payout month, though actual timing may vary with Tipalti processing and banking schedules. Where a refund or reversal occurs after an earnings period has been finalized, it is handled under §14. A minimum payout threshold of twenty US Dollars (USD 20) applies. Where the finalized Commission for an earnings period, together with any balance carried forward from earlier periods, is below USD 20, no payout is made for that period; the balance is carried forward and continues to accumulate until it reaches USD 20, and is then paid in full in the next payout run. Carried-forward balances do not expire. Kittl may adjust the schedule, the approval period, or the minimum payout threshold on notice under §17, and may withhold payout where required for fraud review or where Tipalti onboarding or tax information is incomplete. Except as provided in §14.5, once Commission for an earnings period has been paid, Kittl does not reclaim it. Where a Partner's participation ends other than by termination for the Partner's fraud or material breach, Kittl pays the Partner's accumulated balance of validly earned Commission in the final payout cycle regardless of the minimum payout threshold, subject to §14 and to the Partner having completed Tipalti onboarding and provided the required tax information. Where participation ends by termination for the Partner's fraud or material breach, Commission is handled under §18.3.

14. Reversals and recovery

14.1 No self-referrals or related-party purchases. Partner may not earn Commission on their own purchases, or on purchases by any person or entity acting in concert with, related to, or controlled by the Partner, or on purchases where the Partner directs a customer with pre-existing purchase intent through their link solely to capture Commission. Kittl will assess whether a purchase is a self-referral or related-party purchase reasonably and in good faith, give the Partner a brief written explanation, and provide a reasonable opportunity to respond before withholding or reversing Commission on that basis. This does not limit either party's rights under §21.

14.2 Kittl may reverse Actions for cancellations, refunds, failed payments, fake accounts, self-referrals, related-party purchases, violation of these Terms, or origination from a placement prohibited under §5.1 or §5.5 (whether or not the Partner created, submitted, or authorized that placement). Except as provided in §14.5, reversals under this section apply only to Commission that has not yet been paid out to the Partner.

14.3 Recovery from unpaid Commission. Where Commission was accrued on an invalid, fraudulent, reversed, refunded, or self-referred Action but has not yet been paid, Kittl may cancel it or set it off against the Partner's pending or future Commission. Except as provided in §14.5, Kittl does not reclaim Commission that has already been paid out. Kittl will not separately invoice a Partner for a negative balance, and will write off any negative balance remaining when participation ends.

14.4 Investigations and evidence. Where Kittl reasonably suspects fraud, invalid Actions, or a breach of these Terms, it may investigate and request relevant evidence from the Partner - including traffic sources, click and campaign logs, screenshots, and the promotional placements at issue (consistent with the records the Partner must keep under §16.2). The Partner will provide the requested evidence within five (5) business days. Pending the Partner's response, Kittl may withhold payout of the affected Commission under §13.6; if the Partner does not provide the requested evidence within the period, Kittl may treat the affected Actions as invalid and reverse the associated unpaid Commission under §14.2 and §14.3.

14.5 Recovery of Commission paid on fraud or error. Notwithstanding §13.6, §14.2, §14.3 and §15.1, where Commission or a bonus has already been paid to the Partner and Kittl subsequently determines that it was (a) accrued on a self-referral, related-party purchase, fake, fraudulent, or invalid Action, or otherwise through the Partner's fraud or intentional breach of these Terms, or (b) paid as a result of a manifest calculation, tracking, attribution, duplication, rating, display, or payment error, Kittl may recover the amount paid — by set-off against the Partner's pending or future Commission or by written demand for repayment. This §14.5 does not apply to ordinary refunds, cancellations, or chargebacks that do not involve the Partner's fraud or breach; once the related Commission has been paid, those remain Kittl's cost under §13.6 and §14.3. Before recovering under this section, Kittl will give the Partner a brief written explanation and a reasonable opportunity to respond, and the evidence process in §14.1 and §14.4 applies.

14.6 Protection of paid Commission. For the avoidance of doubt, reversals under this §14 reduce only Commission that has not yet been paid out to the Partner. Once Commission for an earnings period has been paid, Kittl does not reverse, reclaim, or claw it back, except in the limited cases of the Partner's fraud or intentional breach, or a manifest error, under §14.5. Ordinary refunds, cancellations, chargebacks, and failed payments occurring after Commission has been paid remain Kittl's cost and are not recovered from the Partner.

15. Bonuses and incentives

15.1 Bonuses and incentives. From time to time Kittl may offer bonuses or incentives in addition to standard Commission - for example, sign-on or migration bonuses, performance or milestone bonuses, campaign participation bonuses, or contest and leaderboard rewards. Each bonus is discretionary, applies only to the specific Partners and period Kittl designates, and is governed by the specific eligibility terms Kittl publishes or communicates for it. A bonus does not become a recurring entitlement, and offering one bonus does not oblige Kittl to offer another. Kittl may reverse or cancel a bonus before it is paid where the underlying Actions are reversed or the eligibility conditions are not met; once a bonus has been paid, it is not reclaimed, except as provided in §14.5.

16. Compliance monitoring and audit

16.1 Monitoring. Kittl may use monitoring tools and manual review to check paid advertising, disclosures, traffic sources, and traffic quality for compliance with these Terms. Where monitoring indicates possible non-compliance, Kittl may act under §6 (paid advertising enforcement), §14 (reversals and recovery), or §18 (termination) as applicable.

16.2 Records. The Partner will keep records sufficient to demonstrate compliance with these Terms - including traffic sources, click and campaign logs, screenshots of placements, and disclosure evidence - for three (3) years, or longer where required by applicable law.

16.3 Audit and verification. On reasonable notice, Kittl may request, and the Partner will provide the records in 16.2 to verify compliance and validate Actions. Requests made in connection with a suspected breach or fraud follow the evidence timeline in §14.4. The Partner will provide reasonable cooperation with any such review.

17. Changes to the Program

17.1 Routine changes will be notified at least 14 days in advance. Any change that materially and adversely affects a Partner is subject to §17.4 (Partner right to reject), and legacy referrals remain protected under §17.3. Changes to Program-wide parameters published on the Program dashboard — such as standard commission rates, tier criteria, or the click lookback window — are changes to the Program for the purposes of this §17.

17.2 Changes addressing fraud or brand safety may take immediate effect.

17.3 Transition of legacy referrals. Where Kittl changes the commission model — the structural rules that determine which payments are commissionable, such as the definition or length of the Earning Window — or migrates Partners between platforms (including migration from impact.com to the Kittl Affiliate Platform), customers referred under the prior model retain the commission terms in effect at the time of their referral until those terms expire by their own duration, and the new model applies to new referrals only. For clarity, a change to a Partner's commission rate is not a commission-model change and is not covered by this §17.3; rates follow §1, §12.3 and §12.4 and apply per payment date.

17.4 Partner right to reject a materially adverse change. Where a change materially and adversely affects the Partner (for example, a reduction to the Partner's base commission rate other than an activity-based step-down under §12.4), the Partner may terminate their participation on written notice before the change takes effect, and Commission already earned before termination remains payable subject to §14.

17.5 Amendment of these Terms. Kittl may amend these Terms from time to time. The current version is published on the Program dashboard (or otherwise made available to Partners) and, from its stated effective date, governs all participation in the Program and applies to every Partner — including those who joined under an earlier version. Kittl will give at least 14 days' notice of material changes under §17.1. Continued participation in the Program after the effective date of an amended version constitutes acceptance of that version; a Partner who does not accept a materially adverse change may exercise the right to reject under §17.4. Kittl may require a Partner to re-accept the current version before continuing to use the Platform.

17.6 Suspension or discontinuation. Kittl may suspend or discontinue the Program, in whole or in part, on reasonable notice. Commission validly earned before the effective date remains payable under §14 and §18.3.

17.7 Application of rule changes. Unless expressly stated otherwise, changes to eligibility, validation, attribution, and compliance rules apply from their effective date to all Program activity, including Actions arising from clicks or referrals that occurred before that date; whether an Action is valid and commissionable is assessed under the rules in force at the time of that Action.

18. Termination

18.1 Either party may terminate the Partner's participation in the Program for convenience on fourteen (14) days' written notice.

18.2 Kittl may terminate immediately for breach of these Terms, fraud, self-referral, or conduct posing a reputational or legal risk to Kittl.

18.3 Effect of termination. On termination other than for the Partner's fraud or breach, Commission validly earned before the termination date remains payable in the ordinary payout cycle, subject to the reversal and recovery rights in §14. On termination for the Partner's fraud or breach, Kittl may withhold Commission reasonably attributable to the fraud or breach.

From the effective termination date, the Partner's affiliate links are no longer tracked for new attribution, and no customer clicking after that date is attributed to the Partner. However, where a New Customer's subscription was validly attributed to the Partner before the termination date, that customer's Earning Window continues to run after termination, and the payments that customer makes within that existing Earning Window remain commissionable and are paid in the ordinary payout cycle under §13.6, subject to the reversal and recovery rights in §14. Payments from customers first attributed to the Partner on or after the termination date are not commissionable. This continuation of open Earning Windows does not apply on termination for the Partner's fraud or breach.

Kittl may deactivate the Partner's links and dashboard access on the termination date; deactivating a link to new clicks does not by itself end an Earning Window that was already open at termination.

18.4 Sections that by their nature survive (see §24.7) continue after termination.

19. Liability and indemnity

19.1 Disclaimer. The Program, Platform, and all materials Kittl provides (including affiliate links) are provided \"as is\". Kittl makes no representation or warranty as to traffic, earnings, or results, and disclaims all implied warranties to the extent permitted by law.

19.2 Exclusion of damages. To the extent permitted by law, neither party is liable to the other for any indirect, incidental, consequential, special, exemplary or punitive damages, or for lost profits or revenue, however arising.

19.3 Cap. Each party's aggregate liability to the other under or in connection with these Terms, including under the indemnities in §19.4, is limited to the total commissions paid to the Partner in the six (6) months before the event giving rise to the claim.

19.3a Mandatory liability. The exclusions and limitations in §19.2 and §19.3 do not apply to liability for damage arising from intent or gross negligence, for injury to life, body, or health, under mandatory statutory law (including product-liability law), or for breach of a material contractual obligation (an obligation whose fulfilment is essential to the proper performance of these Terms and on which the Partner may reasonably rely). For breach of a material contractual obligation caused by simple negligence, Kittl's liability is limited to the foreseeable damage typical for this type of contract.

19.3b Exceptions. The exclusion in §19.2 does not apply to: a party's fraud, willful misconduct, or gross negligence; either party's breach of its confidentiality obligations under §22; the Partner's indemnification obligations under §19.4; the Partner's breach of the brand-asset license in §9 or infringement or misappropriation of Kittl's intellectual property; or any liability that cannot be excluded under applicable law. The cap in §19.3 does not apply to: a party's fraud, willful misconduct, or gross negligence; either party's breach of its confidentiality obligations under §22; the Partner's breach of the brand-asset license in §9 or infringement or misappropriation of Kittl's intellectual property; or any liability that cannot be limited under applicable law. For Kittl, the mandatory-liability position in §19.3a continues to apply.

19.4 Indemnification. (a) The Partner will indemnify Kittl against losses, claims, damages or liabilities arising from the Partner's content, promotional methods, Sub affiliates, or breach of these Terms or applicable law. (b) Kittl will indemnify the Partner against third-party claims that the Kittl brand assets provided under §9, when used by the Partner in compliance with these Terms, infringe that third party's intellectual property rights.

20. Force majeure

20.1 Neither party is liable for any delay or failure to perform due to circumstances beyond its reasonable control, including severe weather, natural disasters, government restrictions, internet or utility outages, platform suspensions or bans, labor strikes, or other unexpected disruptions. The affected party must promptly notify the other and make reasonable efforts to resume performance as soon as possible.

21. Dispute resolution and governing law

21.1 These Terms are governed by the laws of Germany. Any disputes are subject to the exclusive jurisdiction of the courts of Berlin, Germany.

21.2 Nothing prevents either party from seeking injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

22. Confidentiality

22.1 Partner will keep confidential all non-public information Kittl shares regarding unreleased products, campaigns, bespoke rates, and referred-customer data, use it only for the Program, and not disclose it except to advisers or staff bound by equivalent obligations. Referral and customer information is Kittl's Confidential Information.

22.2 These confidentiality obligations remain in effect for two (2) years following termination, unless disclosure is required by law.

23. Publicity and content license

23.1 Kittl may reference Partner as a Program participant in Kittl's own marketing channels.

23.2 Kittl receives a non-exclusive, worldwide, royalty-free license to repost the Partner's Program content organically across Kittl's owned channels - sharing, embedding, or linking to the Partner's original post via platform-native features - so that the content stays attributed to the Partner and audiences are directed to the Partner's original post. Any edits Kittl makes must not materially alter the original meaning or misrepresent the Partner.

23.3 Any use of Partner content for paid advertising (whitelisting or dark posting) is not covered by these Terms and will be agreed separately with the Partner.

24. General

24.1 Entire agreement. These Terms, together with the Partner Contract (or, where none exists, the Partner's enrollment and the Program dashboard as set out in §3.1a), are the entire agreement between the parties on this subject and supersede prior understandings.

24.2 Severability. If any provision is unenforceable, it is modified to the minimum extent necessary to be enforceable, and the remainder stays in force.

24.3 Waiver. A failure to enforce any provision is not a waiver of it or of any other provision.

24.4 Assignment. Partner may not assign these Terms without Kittl's prior written consent. Kittl may assign freely, including in connection with a corporate reorganization or sale.

24.5 Independent contractor. Partner is an independent contractor. Nothing here creates a partnership, agency, joint venture, or employment relationship, and Partner has no authority to bind or make representations on Kittl's behalf.

24.6 Relationship to other Kittl agreements. Where a Partner is also engaged by Kittl as a paid content collaborator, that paid collaboration is governed by Kittl's Influencer Collaboration Terms and the applicable Deliverables; these Affiliate Terms govern only the affiliate commission relationship. Fixed content fees are paid under the collaboration; affiliate commissions are paid under these Terms. Both are settled via Tipalti but are calculated and owed separately.

24.7 Survival. Provisions that by their nature should survive termination survive, including §9 (IP), §13.5 (tax and self-billing obligations), §14 (reversal and recovery of Commission), §18.3 (effect of termination), §19 (liability), §21 (governing law), §22 (confidentiality) and §24.

24.8 Language. These Terms are issued in English, which is the controlling language. Any translation is provided for convenience only; in case of conflict, the English version prevails.

24.9 Notices. Notices under these Terms may be given by email to the address in the Partner's account, through the Program dashboard, or to Kittl at marketing@kittl.com. Notice is deemed received on the next business day after sending.

24.10 Annexes. The Annexes form part of these Terms. Where an Annex is expressly labeled as examples (Annex C), it is illustrative and not exhaustive.

Annexes

Annex A. Restricted search terms

A non-exhaustive list. Includes Kittl, Kittl.com, Kittl app, Kittl design, common misspellings and close variations. No bidding on brand plus generic combinations such as Kittl templates, Kittl discount, Kittl coupon, Kittl promo code, Kittl deal, Kittl free, Kittl download. No use of Kittl marks in ad copy, display URL, or paths. The restricted terms listed above (Kittl brand terms, misspellings, close variations, and brand-plus-generic combinations) must be applied as negative keywords at campaign and ad-group level, as required by §6.4. Brand bidding requires explicit written permission as described in clauses 6.2 and 6.5.

Annex B. Voucher and code classes

Codes are grouped into the following classes. A Partner may only promote codes that Kittl has supplied through the affiliate channel or expressly authorized (see §5.2).

Permitted classes

Public sitewide codes - general promotional codes Kittl runs publicly (for example, a seasonal sale code). Partners may reference these where Kittl has made them public.
Channel-exclusive codes - codes Kittl issues for a specific channel or campaign. Partners may use them only within the channel or campaign for which they were issued.
Partner-exclusive codes - codes issued to an individual Partner. Only the Partner they were issued to may promote them.

Prohibited codes

Staff, student, loyalty, and single-use or personal one-time codes must not be published or promoted.

Codes do not earn Commission. Regardless of class, a promotional code only gives the customer a discount. It does not create or transfer attribution, and Commission is earned on link click only (see §5.2 and §11.6). A discounted payment also reduces Commission proportionally (see §11.5).

Annex C. Disclosure examples

Acceptable: \"#ad — I earn a commission from Kittl if you sign up through my link.\" / \"Werbung: Ich erhalte eine Provision, wenn du dich über meinen Link bei Kittl anmeldest.\" / \"Affiliate link to Kittl (#ad). I may earn a commission.\" Place the label at the start of the caption or as a visible on-screen label — never hidden behind \"more,\" in a hashtag block at the very bottom, or omitted from the video itself.

Annex D. Brand assets and usage

Approved assets. Use only current, approved Kittl brand assets from the Assets section of the Kittl Affiliate Platform. Do not use screenshots, recreations, or older or retired versions of Kittl's logo or marks.

Permitted use. Use Kittl assets solely to identify Kittl in connection with the Services (§9.1), in a way that is truthful and does not imply any relationship with Kittl beyond the affiliate relationship.

Do not alter. Do not modify Kittl's logos, wordmark, typography, or brand colors. Do not stretch, distort, recolor, rotate, crop, add effects to, or otherwise alter the marks, and maintain adequate clear space around the logo. Do not combine Kittl's marks with the Partner's own marks into a single combined logo or lockup.

Do not. Do not use Kittl's logo or marks as the Partner's own profile picture, avatar, channel icon, or in the Partner's handle, username, or domain (see §5.1). Do not use the marks in any way that suggests Kittl endorses the Partner beyond their participation in the Program, or that is misleading, disparaging, or damaging to the brand.

Removal. On Kittl's request, update or remove any Kittl asset within 24 hours (§9.2).

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