Terms and Conditions

3ckits Affiliate Program Rules and Policies

Effective as of October 1, 2020

PLEASE CAREFULLY READ THESE RULES AND POLICIES, ESPECIALLY TERMS RELATING TO COMMISSION, PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY AND TERMS OF GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL LETTERS. YOUR CONTINIOUS USAGE OF 3CKITS PORTALS AND/OR PROVISION OF ADVERTISING SERVICES ACCORDING TO THE AFFILIATE PROGRAM SERVICE AGREEMENT AFTER OCTOBER 1, 2020 WILL BE DEEMED AS ACCEPTANCE OF THESE NEW RULES AND POLICIES：
The 3ckits Affiliate Network Program Advertising Rules and Policies (the “Rules”) sets out the specific restrictions, conduct rules, rights and obligations for Participants (as defined below) regarding all access to and/or use of the 3ckits Affiliates Portal (URL: https://3ckits.com/affiliate-area/, the “Site”). By accessing and/or using the Site and/or performing the services pursuant to the Advertising Agreement, you acknowledge and agree to abide by the Rules as well as the Advertising Agreement.
3ckits reserves the right to modify any and all terms and conditions of these Rules by notifying you in the “Latest News” section of the help center of the Site. The amended Rules will take effect on the 8th day after publication on the Site. You shall immediately cease all use of the Site if you disagree with the amended Rules. Your continued use of the Site after the publication of the amended Rules shall be deemed as your agreement to and acceptance of the amended Rules.

1. Definitions

1.Wherever used in these Rules, unless the context otherwise requires, capitalized terms used in these Rules shall have the following meaning:

1.1 “Participant” or “you” means any Network or Publisher that has either successfully registered as a member of the Site or has obtained 3ckits’ approval to use the Site through other approval mechanisms;

1.2 “Action” shall have the following meaning depending on the “Cost per Action” Model prescribed in the relevant Insertion Order:

1.2.1 On a Cost per Sales model: Qualifying Purchase;

1.2.2 On a Cost per Order model: each order completed by Buyer on the 3ckits Site via Participants advertisement of 3ckits Content. An order shall only be deemed to be “completed” by a Buyer if the Buyer has taken the requisite steps required by the 3ckits Site for acknowledging transaction completion. For the avoidance of doubt, transactions on the 3ckits Site that are refunded by Buyer shall not be deemed as an order.

1.2.3 On other model: to be defined in an Insertion Order.

1.3 “Advertising Channels” means all online channels, websites, mediums and/or sources which are used or are capable of being used by Participants to host, publish, display, distribute and/or disseminate digital content, including the Default Channels, Cashback/Extension Channels, Dropshipping Channels, Non-transparent Channels, Cashback/Extension Partner Channels;

1.4 “3ckits Products/Services” means any item that is offered for sale on the 3ckits.com Platform;

1.5 “Buyer” means a registered user of 3ckits.com Platform who uses the 3ckits.com Platform in a purchaser’s capacity and who has or will make a purchase of Product/Service through  the 3ckits.com Platform, including Old Buyers and New Buyers.

1.6 “Data Protection Laws” shall mean all laws and regulations in any relevant jurisdiction which relates to the collection, disclosure, use or processing of personal data, personally identifiable data, or privacy;

1.7 “Insertion Order” means a service order form entered into by and between 3ckits and Participant that sets forth the specific pricing and other terms and conditions of the advertising services provided by Participant pursuant to the Advertising Agreement;

1.8 “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world;

1.9 “Network” means any entity which controls or manages more than one Advertising Channels (including but not limited to different websites) and has entered into an Advertising Agreement with 3ckits;

1.10 “Program” means 3ckits Affiliate Network Program;

1.11 “Publisher” means any entity which controls or manages one Advertising Channel or website and has entered into an Advertising Agreement with 3ckits;

1.12 “Qualifying Purchases” means purchases completed by Buyer on the 3ckits Platform via Participants advertisement of 3ckits Content. A purchase shall only be deemed to be a “Qualifying Purchase” by a Buyer if the Buyer has taken the requisite steps required by the 3ckits Platform for acknowledging completion of the transaction. For the avoidance of doubt, transactions on the 3ckits Platform that are cancelled and/or refunded by Buyer shall not be deemed as a Qualifying Purchase;

1.13 “Restricted Mark(s)” means any and all Intellectual Property Rights which are used, regardless in part or in full, in connection with the 3ckits Brands;

1.14 “Sub-participant” means any individual, corporation, partnership, limited liability company, entity or person engaged by the Participant to provide advertising services under the Advertising Agreement;

1.15 “Transaction Price” means the actual transaction price of a product in a Qualifying Purchase, which excludes any discounts, coupons, shipping costs, taxes, duties, Third Party Fees, and/or any other excluded amount.

1.16 “Varied 3ckits Domain Names” shall have the meaning in Clause 3.2.2;

1.17 “Varied Restricted Mark” shall have the meaning in Clause 3.1.1;

1.18 “Affiliate Products” means 3ckits Content that are made available by 3ckits to Participant through the Participant’s account at the Site or through Participant’s authorized use of designated APIs of the Site, AND that are capable of generating a tracking link using the tools at portals.3ckits.com via the following method: “Portals>Promo Tools>Link Generator or API>Efficient Tools>Generate Affiliate Links”. For the avoidance of doubt, any 3ckits Content that cannot generate a tracking link via the abovementioned method, OR 3ckits Content that are not made available to Participants via the Participants’ accounts at the Site or Participant’s authorized use of designated APIs of the Site shall not be deemed as “Affiliate Products”.

1.19 “Non-Affiliate Products” means any 3ckits Content excluding Affiliate Products.

1.20 “Main Advertising Channel” means the main Advertising Channel of the accounts of your Sub-participants (if any) and the accounts of Participants, which determines the applicable specific Commission Model, the evaluation, calculation, estimate, payment of Commissions, New Buyer Bonus, other commissions, privileges, incentives, and/or Qualified Amount for the accounts of your Sub-participants (if any) and the accounts of Participants. The Main Advertising Channel for the accounts of your Sub-participants (if any) and the accounts of Participants shall be determined by 3ckits, at its sole reasonable discretion, based on relevant factors and limitation, including without limitation, those set forth in Clause 5.3.1.2.

1.21 “Main Advertising Channel Type” means a type of Main Advertising Channel, i.e., Default Channels, Cashback/Extension Channels, Dropshipping Channels, Non-Transparent Channels, and Cashback/Extension Partner Channels.

1.22 “Default Channels” means that the Participant have declared its main Advertising Channel (i.e., not Non-transparent Channels) for the relevant accounts of your Sub-participants (if any) and the accounts of Participants, however, the declared main Advertising Channel does not constitute Cashback/Extension Channels, Dropshipping Channels, Cashback/Extension Partner Channels. Examples of Default Channels include Advertising Channels of third party social media platforms, Advertising Channels of deal recommendations sites, Advertising Channels of phone branded companies, and/or other Advertising Channels that are not Cashback/Extension Channels, Dropshipping Channels, Cashback/Extension Partner Channels, Non-transparent Channels.

1.23 “Ordinary Cashback/Extension Channels” means that the Main Advertising Channels of Participants are Advertising Channels that provide or reward Buyer with cashbacks, loyalty points, discounts and/or other similar forms of incentives to Buyer after the Buyer have made a Qualifying Purchase, and/or Advertising Channels that are browser extensions, browser add-ons, browser plug-ins and/or other similar forms, but are not partners of 3ckits (i.e., not Cashback/Extension Partner Channels).

1.24“Cashback/Extension Partner Channels” means Cashback/Extension Channels where the Participants are partners of 3ckits, and who are explicitly invited by 3ckits with the invitation bearing detailed Commission Rates AND list of accounts of Participants and/or accounts of Sub-participants (if applicable), and who have accepted such invitation. For the avoidance of doubt, any accounts of Participants, or accounts of Sub-participants (if applicable) not explicitly listed in 3ckits’s invitation OR not accepted by relevant Participants shall NOT be deemed as “Cashback/Extension Partner Channels”.

1.25 “Non-Transparent Channels” means any Advertising Channels that relevant Participants have not declared at the Site OR any Advertising Channels that the relevant Participants have not declared its main Advertising Channel at the Site.

1.26 “New Buyer” means a registered user of 3ckits Platform who uses the 3ckits Platform in a purchaser’s capacity and who has or will make a purchase of any 3ckits Product/Service through the 3ckits Platform, who has never made any prior purchases or orders on the 3ckits Platform. Whether a New Buyer has made any prior purchases of orders on the 3ckits Platform shall be determined by reference to 3ckits’ own records, which shall be final and binding.

1.27 “Old Buyer” means any Buyer who is not a New Buyer.

1.28 “Sub-participants” shall mean the entities, sub-contractors and/or Advertising Channels engaged by Participants for the purpose of Participants provision of the Services, promotional services and/or advertising services in connection with this Advertising Agreement and/or Rules.

2. Participants Obligations

2.1 Participants shall perform all advertising services in good faith at all times, and to meet or exceed best industry and professional standards and practices.

2.2 Authorised use of Restricted Marks

2.2.1 Where any Participant wishes to use any Restricted Marks (or part thereof) in connection with any advertisement or its Advertising Channel, such Participant must first notify 3ckits in writing of its intention to do so, together with sufficient details of such intended use (including the purpose and manner in which such Restricted Mark (or part thereof) will be used), and obtain 3ckits’ approval of such use in writing. For the avoidance of doubt, any approval granted by 3ckits shall strictly for the purpose and manner which was notified to 3ckits.

2.2.2 Where 3ckits has approved in writing of such use of the Restricted Marks (or part thereof) in accordance with Clause 2.2.1 above, Participant shall ensure that such advertisement, Advertising Channel or other content which contains the Restricted Mark (or part thereof):

2.2.2.1 adheres to all requests and/or instructions (if any) which were notified to Participant by 3ckits together with its written approval of such use;

2.2.2.2 includes functional and working hyperlink(s) to the 3ckits Platform, or such other page of 3ckits and/or its affiliates, which shall be designated by 3ckits and notified to Participant.

2.2.3 Where Participant uses the Restricted Marks (or part thereof) without obtaining 3ckits’ prior written approval, or where Participant obtained 3ckits’s approval but uses the Restricted Marks (or part thereof) for a purpose or in a manner other than what was notified to and approved by 3ckits, 3ckits retains the right to require that such advertisement, part of the Advertising Channel or other content containing the Restricted Mark (or part thereof) is immediately taken down, and to revoke such Participant’s authorization to use the Site.

2.3 Participant acknowledges and agrees that it shall ensure that all advertisements involving 3ckits Content are hosted, published, displayed, distributed and/or disseminated only in accordance with 3ckits’ instructions, no matter if they are given on 3ckits Affiliate Portal or in a writing notice. This shall include without limitation:

2.3.1 submitting timely, detailed, factual and accurate information regarding all proposed advertisement(s) to 3ckits in a format prescribed by 3ckits, where 3ckits may (but is not obliged to) review such advertisement(s), including its format and presentation;

2.3.2 adhering to any requests from 3ckits to amend, alter or change any advertisement and ensuring that such requests are fully and accurately reflected in the final version of the advertisement;

2.3.3 keeping complete and thorough records of all advertisements (including the resources used for such advertisements), which shall be made available to 3ckits upon request.

2.4 In the event that Participant engages any Sub-participant to provide advertising services under the Advertising Agreement, Participant acknowledges and agrees that it shall not be relieved of any of its liabilities or obligations under this Agreement and will remain responsible for the performance, or lack thereof, of any Sub-participant and liable to 3ckits for all acts, omissions, defaults and negligence of each Sub-participant, as fully as if they were the acts, defaults or negligence of Participant itself. Participant shall keep complete, thorough and up-to-date records of all Sub-participants engaged in connection with Participant’s performance of the advertising services under the Advertising Agreement, and such records shall be furnished to 3ckits upon request. For the further avoidance of doubt, Participant shall manage, supervise and/or ensure Sub-participants to comply with these Rules, the Advertising Agreement and/or applicable laws and regulations. Participants shall be directly responsible to 3ckits and indemnify 3ckits fully for any and all losses, damages, claims, liabilities, penalties, expenses arising from the violation, non-compliant, all acts, omissions, defaults and negligence of each Sub-participant engaged by Participants, including without limitation, these Rules and Advertising Agreements, and applicable laws and regulations.

2.5 Participants shall ensure that all necessary corporate power, authority, or authorizations for using the Site for and on behalf of their company have been obtained prior to the use of the Site.

2.6  Participants shall abide by any and all applicable laws and regulations in any applicable jurisdiction as well as the terms set out under these Rules and the Advertising Agreement when using the Site and/or performing any advertising services and related efforts, and shall agree not to engage in conduct that is improper, illegal or unlawful or otherwise against these Rules and the terms of the Advertising Agreement, including but not limited to Clause 3 herein below.

3 Prohibited content and conduct

3.1 Restricted Marks: Unless otherwise agreed by 3ckits in writing, Participants shall not, directly or indirectly, claim any right to the ownership of or use any Restricted Marks, or engage in any improper use of Restricted Marks, including without limitation:

3.1.1 performing any form of alteration, separation, deletion, combination or other variation to any Restricted Marks in any manner or by any means, and/or any use of such varied Restricted Mark which, in 3ckits’ sole discretion, is capable of misleading or confusing a viewer by implying an incorrect or unfounded association between Participant(s) and 3ckits. Such variations may include without limitation:

3.1.1.1 increasing, decreasing or changing any letters, symbols or parts of the Restricted Marks ;

3.1.1.2 changing the order of arrangement of letters and/or symbols within the Restricted Marks;

3.1.1.3 using any form of abbreviation(s) of Restricted Marks;

3.1.1.4 using some or all letters, symbols and/or other parts of the Restricted Marks in conjunction with other words, letters, symbols, pictures and/or pictograms. This shall include without limitation:

(a) using some or all letters from various Restricted Marks ;

(b) using some or all letters from Restricted Marks in conjunction with national and/or regional names ;

(c) using some or all letters from Restricted Marks in conjunction with new words;

(d) using some or all letters from Restricted Marks in conjunction with other symbols, pictures or other parts;

3.1.1.5 changing the appearance of form of the Restricted Marks (whether or not they have already been varied in accordance with this Clause 3.1.1), including but not limited to:

(a) using upper and lower cases;

(b) using bolded, italicized and/or underlined words;

(c) using a different font type;

(d) changing part of or all of the background, color, size, angle, proportion and/or resolution;

(e) disassembling, merging and/or reorganizing any of the Restricted Marks;

(f) joining and/or splicing (such as showing only part of the original Restricted Mark or logo);

3.1.1.6 transliterating or translating any of the Restricted Marks, including translations into other languages ;

3.1.1.7 any combination of the above variations in this Clause 3.1.1, (all Restricted Marks that have been varied in accordance with this Clause 3.1.1, “Varied Restricted Marks”);

The authorized and/or improper use of Restricted Marks and/or Varied Restricted Marks, includes, without limitation, promote, advertise, bid, purchase for promotion and/or advertisement of, placing the Restricted Marks and/or Varied Restricted Marks on any publically viewable websites and/or platforms, such as, Google, Yandex, Facebook, social media platforms.

3.1.2 carrying out any of the following unlawful, unauthorized, and/or improper acts:

3.1.2.1 applying for or registering for a trademark for a Restricted Mark or Varied Restricted Mark;

3.1.2.2 placing Restricted Marks or Varied Restricted Marks on the same page or location as advertisements, products and services of other competing platforms and/or affiliates of such competing platforms;

3.1.2.3 placing Restricted Mark or Varied Restricted Marks side by side together with 3ckits Products/Services or any other products and/or services which are offered for sale via any other e-commerce platform owned, operated and/or controlled by 3ckits and/or its affiliates.

3.1.2.4 placing Restricted Mark or Varied Restricted Mark side by side together with 3ckits Products/Services and/or any other content, text, image, pictures, information that has the possibility of misleading viewers there is untrue, incorrect, unauthorized relationship between any such placing websites, Advertising Channels with the 3ckits Platform (3ckits.com and/or its mobile applications), or 3ckits, 3ckits and/or its affiliated companies, OR contain any content that is likely to confuse or mislead others into forming any untrue association with 3ckits, and/or its affiliates or that otherwise misrepresents their affiliation or relationship with 3ckits, its affiliates, and/or its senior management.

3.2 3ckits Domain Names: Unless otherwise agreed by 3ckits in writing, Participants shall not, directly or indirectly, apply to register, register or use any 3ckits Domain Names, or engage in any improper use of 3ckits Domain Names, including without limitation:
3.2.1 applying for, registering for or using any 3ckits Domain Names or other domain names which contain any Restricted Marks or Varied Restricted Marks;
3.2.2 performing any alteration, separation, deletion, combination or other variation to any of the 3ckits Domain Names in a manner or to such degree that it is capable of misleading or confusing a viewer by implying an incorrect or unfounded association between Participant(s) and 3ckits, and then applying for, registering for or using such varied domain name (such varied domain names, “Varied 3ckits Domain Names” ). Such variations shall include without limitation:
3.2.2.1 using URLs that are intended to imitate or impersonate any service, operating category, or department of the 3ckits Platform (e.g. http://3ckitsservice.com; http://3ckitsaapparel.com) ;
3.2.2.2 using URLs that are similar to those owned by 3ckits or its affiliates (e.g. original URL: http://s.3ckits.com; imitated URL: http://s-aliexpres.com);
3.2.3 hosting, publishing, display, distribution and disseminating advertisements, whether directly or indirectly, that contain link-outs or jumps to any domain names which have been applied for, registered or used in contravention of this Clause.

3.2.4 registering, using, placing, hosting, publishing, display, distribution, and disseminating advertisements, whether directly or indirectly 3ckits Domain Names or Varied 3ckits Domain Names side by side together with 3ckits Products/Services and/or any other content, text, image, pictures, information that has the possibility of misleading viewers there is untrue, incorrect, unauthorized relationship between any such placing websites, Advertising Channels with the 3ckits Platform (3ckits.com and/or its mobile applications), or 3ckits, 3ckits and/or its affiliated companies, OR contain any content that is likely to confuse or mislead others into forming any untrue association with 3ckits, and/or its affiliates or that otherwise misrepresents their affiliation or relationship with 3ckits, its affiliates, and/or its senior management.

3.2.5 registering, using, placing, hosting, publishing, display, distribution, and disseminating advertisements, whether directly or indirectly 3ckits Domain Names or Varied 3ckits Domain Names side by side together placing 3ckits Domain Names or Varied Domain Names side by side together with 3ckits Products/Services or any other products and/or services which are offered for sale via any other e-commerce platform owned, operated and/or controlled by 3ckits and/or its affiliates, OR contain any content that is likely to confuse or mislead others into forming any untrue association with 3ckits, and/or its affiliates or that otherwise misrepresents their affiliation or relationship with 3ckits, its affiliates, and/or its senior management.

3.3 Participant’s company name and/or domain name: Participants shall refrain from using any disputable, unlawful, or misleading company names or domain name (including but not limited to company names and/or domain names already used by other Participants, and etc.) in connection with their advertisements or Advertising Channels. In particular, such company names and/or domain names shall not:

3.3.1 contain any Restricted Marks or Varied Restricted Marks or part thereof, or engage in any improper use of Restricted Marks or Varied Restricted Marks, including as described in Clause 3.1, without 3ckits’ written consent;

3.3.2 contain any 3ckits Domain Names or Varied 3ckits Domain Names or part thereof, or engage in any improper use of 3ckits Domain Names or Varied 3ckits Domain Names, including as described in Clause 3.2, without 3ckits’s written consent;

3.3.3 contain any content that is likely to confuse or mislead others into forming any untrue association with 3ckits, and/or its affiliates or that otherwise misrepresents their affiliation or relationship with 3ckits, its affiliates, and/or its senior management;

3.3.4 contain any content that is defamatory or libelous to 3ckits, its affiliates, any of its senior management, and/or other Participants;

3.3.5 contain any content that infringes any legitimate rights, including but not limited to intellectual property rights, of others;

3.3.6 contain any content that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

3.3.7 contain any content in any manner that violates any applicable laws and regulations in any applicable jurisdiction;

3.3.8 contain any content that will likely cause any damage to 3ckits, its affiliates, and the 3ckits Platform.

The authorized and/or improper use of Restricted Marks and/or Varied Restricted Marks, AliExress Domain Names, and/or Varied 3ckits Domain Names, AND/OR breach of this Clause 3.3, includes, without limitation, promote, advertise, bid, purchase for promotion and/or advertisement of, placing the Restricted Marks and/or Varied Restricted Marks, 3ckits Domain Names and/or Varied 3ckits Domain Names, company names, domain names, or any content in violation of this Clause 3.3 on any publically viewable websites and/or platforms, such as, Google, Yandex, Facebook, Bing, Yahoo, social media platforms.

3.4 Applications, web portals and other online platforms and/or software: All applications, web portals, and other online platforms and/or software which are owned, controlled and/or developed by or on behalf of Participant shall not include, either in the name, related domain name or content of such application, portal, platform and/or software, any of the following:

3.4.1 any of the Restricted Marks or Varied Restricted Marks or part thereof, or any unauthorized or improper use of Restricted Marks or Varied Restricted Marks, including as described in Clause 3.1, without 3ckits’ written consent;

3.4.2 any 3ckits Domain Names or Varied 3ckits Domain Names or part thereof, or any unauthorized or improper use of 3ckits Domain Names or Varied 3ckits Domain Names, including as described in Clause 3.2 without 3ckits’s written consent;

3.4.3 any company names or domain names or part thereof which contain any content restricted under Clause 3.3 above;

3.4.4 contain any content that is likely to confuse or mislead others into forming any untrue association with 3ckits, and/or its affiliates or that otherwise misrepresents their affiliation or relationship with 3ckits, its affiliates, and/or its senior management.

The authorized and/or improper use of any and all applications, web portals, and other online platforms and/or software applications, software described under this Clause 3.4, AND/OR breach of this Clause 3.3, includes, without limitation, promote, advertise, bid, purchase for promotion and/or advertisement of, placing the Restricted Marks and/or Varied Restricted Marks, 3ckits Domain Names and/or Varied 3ckits Domain Names, company names, domain names, applications, web portals, other online platforms, software or any content in violation of this Clause 3.4 on any publically viewable websites and/or platforms, such as, Google, Yandex, Facebook, Bing, Yahoo, social media platforms.

3.5 Advertisements and advertising material: All advertisements and all advertising materials (including but not limited to name cards, posters, pamphlets, forums, posts, blogs, emails, and etc.) authorized, published, displayed, disseminated or otherwise distributed by Participants shall not include any of the following:

3.5.1 any of the Restricted Marks or Varied Restricted Marks or part thereof, or any unauthorized or improper use of Restricted Marks or Varied Restricted Marks, including as described in Clause 3.1, without 3ckits’ written consent;

3.5.2 any 3ckits Domain Names or Varied 3ckits Domain Names or part thereof, or any unauthorized or improper use of 3ckits Domain Names or Varied 3ckits Domain Names, including as described in Clause 3.2, without 3ckits’ written consent;

3.5.3 any company names or domain names or part thereof which contain any content restricted under Clause 3.3 above;

3.5.4 contain any content that is likely to confuse or mislead others into forming any untrue association with 3ckits, and/or its affiliates or that otherwise misrepresents their affiliation or relationship with 3ckits, its affiliates, and/or its senior management;

3.5.5 any content that is defamatory or libelous;

3.5.6 any unlawful content in any applicable jurisdiction;

3.5.7 any content that promotes, encourages or aids and abets unlawful activities;

3.5.8 any content that is discriminatory or promotes discriminations based on race, sex, religion, nationality, disability, sexual orientation or age; 3.5.9 any pornographic or obscene materials, including but not limited contents that depict the exploitation of minors, bestiality, rape sex, incest, or sex with graphic violence or degradation;

3.5.10 any content that relates to gambling or casino related materials;

3.5.11 any content that provides information on “how to” engage in computer hacking or unauthorized access of computer networks;

3.5.12 any content that relates to the sale of drugs or other restricted or controlled substances (including all drugs listed in Schedule I, II, III, IV, or V of the Uniform Controlled Substances Act of the United States, 21 U.S.C. 801 et seq.); 3.5.13 any content that specifically relates to the sale of prescription drugs;

3.5.14 any content that relates to the sale of tobacco products, including but not limited to cigars, cigarettes, cigarette tobacco, pipe tobacco, hookah tobacco, chewing tobacco, and tobacco leaf;

3.5.15 any content that relates to the sale or offering for purchase of any firearms, ammunitions, military ordnance, weapons (including explosive weapons), and/or any related parts or accessories;

3.5.16 any content that infringes the legitimate intellectual property rights of others;

3.5.17 any information that unlawfully discloses the business secrets of others;

3.5.18 any content that is stolen or misappropriated from other websites;

3.5.19 any content that is misleading or fraudulent;

3.5.20 any content that is contrary to public interests or public order.

3.6 Advertising Channels: The Advertising Channels of Participants shall not include or contain:
3.6.1 any content, information that is described in Clause 3.5, and/or violates Clause 3.4 5 of these Rules;
3.6.2 any information, tools, or methods that allow, enable, teach, advise or in any way directly or indirectly assist visitors to bypass any term(s) in these Rules, the Advertising Agreement or any other rules, regulations or terms related to such visitor’s access to and/or use of the Site and/or the 3ckits Platform. Examples include without limitation information, methods or tools relating to:
3.6.2.1 deleting or revising any codes associated with any computer system, program, website or other digital content (including any advertisements and/or Advertising Channel);
3.6.2.2 hacking and other methods of gaining unauthorized access to any computer system, program, website or other digital content. 3.7 Prohibited conduct: Participants shall not engage in any of the following conduct:
3.6.3 any browser extensions, browser add-ons, browser plug-ins, tools, bots, codes, technologies and/or any other means or processes that provide any overlay, covering, alterations on, interference with, and/or interactions with any webpage of the 3ckits Platform, or provide any advice, instructions, guidance to the visitor to register, purchase, use, click on or take other actions concerning any 3ckits Product/Service on any webpage of 3ckits Platform, regardless of whether visible or made aware to visitors, including, without limitation, any cookie stuffing, iframes, PPV pop-ups, cookie dropping, pop-ups, notifications, pushes, floating screens, displays and/or any other similar forms.

3.6.4 any browser extensions, browser add-ons, browser plug-ins and/or any other similar forms that target or can be accessed, used by visitors Relevant Markets, regardless of whether it violates Clause 3.6.3. 

For clarity, Participants shall not be entitled to any commission or payment for any and all orders and/or traffic generated in connection with the violation of this Clause 3.6. 

3.7 Prohibited conduct: Participants shall not engage in any of the following conduct:

3.7.1 using coercion, deception or any threatening or misleading conduct, actions or language to requiring visitors to the Advertising Channel to register, purchase or use any 3ckits Products/Services when such visitors click on Participant’s advertisements, whether or not such visitors have any intention effect such registration, purchase or use;
3.7.2 using any tactics or measures intended to trick, coerce or induce visitors or Buyers to engage in unlawful or improper transactions or behavior, including without limitation malicious or dishonest refunds and/or unlawful coupon collection and/or utilization, so that the Participant may obtain unlawful or unjust commissions / bonuses / coupons and/or other forms of remuneration through the Program;
3.7.3 using any form of resource exchange or barter as an advertising method or tactic, including without limitation using any reward or incentive as a bait to induce visitors into performing certain actions on or in connection with the 3ckits Platform (or any campaign / promotion being run on the 3ckits Platform);
3.7.4 engaging, directly or indirectly, or authorizing any dishonest or fraudulent transactions, whether by yourself or together with your associates (including but not limited friends, relatives, colleagues, and etc.), on the 3ckits Platform or the Site. Examples include, but are not limited to, you or your associates making purchases on the 3ckits Platform through designated links, or engaging in fraudulent behavior such as spam registration, hijacking and brand bidding with the intention that you or your associate may obtain unlawful or unjust commissions / bonuses / coupons and/or other forms of remuneration via the Program;
3.7.5 to cooperate or collaborate with sellers on the 3ckits Platform, whether or not such seller is related to Participant, with the aim of obtaining any unlawful or unjust commissions / bonuses / coupons and/or other forms of remuneration via the Program;
3.7.6 any conduct which generates fraudulent traffic, including engaging in, conducting, utilizing, and/or authorizing:
 3.7.6.1 any programs, scripts, or other forms which are intended to generate, directly or indirectly, abnormal, artificial and/or disingenuous views, clicks and/or enquiries in connection with Participant’s advertisements;
3.7.6.2 pop-up or pop-under advertisements in any form;
3.7.6.3 any advertising which utilizes bad-faith, malicious, or improper methods, including but not limited to using viruses, fictitious webpages, hi-jacked browsers or URLs, hijacking the front page of the 3ckits Platform, modifying information or content of registered members of the 3ckits Platform or the Site, using malicious plug-ins or unauthorized software or computer programs, modifying the source code or URL parameters of the 3ckits Platform or the Site;
3.7.6.4 any other advertising methods, tactics, or mechanisms which 3ckits reasonably determines as carrying a risk of being regarded as fraudulent traffic;
3.7.7 engaging in any Search Engine Optimization (SEO) or Search Engine Marketing (SEM) campaigns using Restricted Marks and/or Varied Restricted Marks, 3ckits Domain Names, Varied 3ckits Domain Names, including without limitation on any Google, Facebook, Bing, Yahoo and/or Yandex platforms;

3.7.8 utilizing any bold or aggressive advertising or other similar marketing tactics which are likely to create adverse or unfavorable perceptions of Participant and/or 3ckits for visitors to the Advertising Channel;
3.7.9 publishing, displaying, disseminating or otherwise distributing any advertisements or other promotional content, whether directly or indirectly, on any Advertising Channels owned by 3ckits and/or its affiliates under 3ckits Group;
3.7.10 engaging in or authorizing any activity or conduct which is dishonest or otherwise exploits the Program, including where a seller on the 3ckits Platform intentionally becomes a Participant of the Program in order to earn unlawful or unjust commissions / bonuses / coupons and/or other forms of remuneration, or sales via the Program;
3.7.11 engaging in or authorizing any activity or conduct which creates or could potentially create any damage or liability for 3ckits, its affiliates, or the 3ckits Platform;
3.7.12 all other conduct which 3ckits reasonably determines to be inappropriate or improper conduct.

3.7.13 hijacking any traffic that has been already directed to the websites or pages of 3ckits platforms, including by method described in Clause 3.6.3, using any browser extensions, browser add-ons, browser plug-ins, tools, bots, codes, technologies, cookie stuffing, iframes, PPV pop-ups and/or any other means or processes that provide any overlay, covering, alterations on, interference with, and/or interactions with any webpage of the 3ckits Platform, or provide any advice, instructions, guidance to the visitor to register, purchase, use, click on or take other actions concerning any 3ckits Product/Service on any webpage of 3ckits Platform, regardless of whether visible or made aware to visitors, including, without limitation, any cookie stuffing, iframes, PPV pop-ups, cookie dropping, pop-ups, notifications, pushes, floating screens, displays and/or any other similar forms.

3.8 Participants shall not be involved in any fraudulent behaviors and/or violations involving traffic. 3ckits shall be entitled to, at its sole discretion, determine the violation of Participants (including any of its Sub-participants) in violation of this Clause 3.8, including based on reasonable factors such as, the source of the traffic, the relevant Advertising Channels, the average traffic conversion into clicks, purchase, and/or other Actions on 3ckits platform, the average performance or data of the Participants (and/or its Sub-participants), the average performance or data of all Participants (and/or Sub-participants)(regardless of whether or not in the same Advertising Channel Type). 

4 Restrictions on use of data

4.1 Participant agrees that in the course of all access and/or use of the Site and/or performing advertising services pursuant to the Advertising Agreement, it shall at all times comply with all applicable Data Protection Laws.
4.2 Without prejudice to the generality of Clause 4.1, Participant agrees that it shall not under any circumstances collect, use, store, process, disclose and/or transfer any Personal Data in connection with the Program, including in the course of any access and/or use of the Site and/or performing advertising services pursuant to the Advertising Agreement, unless 3ckits has provided its written consent to such collection, use, storage, process, disclosure and/or transfer. If Participant nevertheless collects, uses, stores, processes, discloses and/or transfers any Personal Data in connection with the Program, such Participant acknowledges and agrees that it does so it is own capacity, and shall hereby defend, indemnify and hold harmless 3ckits and its affiliates under the 3ckits Group, and each of their representatives, agents, employees, directors and officers, from any and all losses, damages, costs and expenses which may arise out of, in the course of, or in connection with such unauthorized collection, use, storage, processing, disclosure and/or transfer of Personal Data.
4.3 Unless otherwise agreed to by 3ckits, nothing under these Rules and/or the Advertising Agreement shall imply a controller-processor relationship between any Participant and 3ckits or its affiliates under the 3ckits Group.

5 Fees and Payment

5.1 Commissions for Qualifying Purchases in General
5.1.1 For every Qualifying Purchase by a Buyer on the 3ckits Platform which can be validly attributed to or traced to have originated from an advertisement published, displayed, disseminated and/or distributed by Participant and/or Participant’s Advertising Channel, such Participant shall be entitled to claim a commission from 3ckits of up to USD50 per order and/or transaction according to the following rules:

5.1.1.1 Qualifying Purchases and Qualifying Revenue

5.1.1.2 Qualifying Purchases from Non-Relevant Markets: Unless otherwise specified, if a Qualifying Purchase is made by a Buyer from a jurisdiction other than the Relevant Markets (“Non-Relevant Markets”), the commission models and/or rates on a Cost-per-Sale basis and New Buyer Bonus based on your Main Advertising Channel set out in Clause 5.3 shall apply, with each Main Advertising Channel Type applying a different set of Commission Models, Commission Rates and/or commission rules, where the evaluation, application of specific Commission Rate, Commission Models, and corresponding accruing commissions and/or New Buyer Bonus shall apply on each of the accounts of your Sub-participants (if any), and the account of Participants provided that you do not have any Sub-participants, be on the level of your account (or account of your Sub-participant, if applicable),which varies based on factors, including without limitation, the following:

(a) your Main Advertising Channel Type;

(b) type of 3ckits Content, i.e., Affiliate Products, Hot Products, and/or Non-Affiliate Products;

(c) the type of the Qualifying Purchase, including, the type of 3ckits Content which the relevant Qualifying Purchase corresponds to, and the type of Buyer who has made the relevant Qualifying Purchase;

(d) the category of the relevant 3ckits Content;

(e) the store IDs and/or sellers who listed the relevant 3ckits Content. 

5.1.1.3 Qualifying Purchases from Relevant Markets:if a Qualifying Purchase is made by a Buyer from the Relevant Markets, the commission models and/or rates set out in Clause 5.4 shall apply, including that the commission rates displayed on or attached to the Affiliate Products shall apply. For the avoidance of doubt, the commission rates for Qualifying Purchase of Non-Affiliate Products made by a Buyer from the Relevant Markets shall be 0%. 

 (the above rates and any other rates calculated and/or payable based on Transaction Price of Qualifying Purchases on a Cost-per-Sale basis, “Commission Rates”)

5.1.2 Disqualified Purchases

Notwithstanding the foregoing, Qualifying Purchases are disqualified whenever they occur in connection with a violation of this Affiliate Program Commission Income Statement or any other terms, conditions, specifications, statements, and policies that we may issue from time to time that apply to the Affiliate Program, including the most up-to-date version of the terms and conditions.

For the avoidance of doubt, the following shall not be regarded to be a “Qualifying Purchase”, and 3ckits reserves the right to hold or withdraw the commission due, paid or payable to such Participant in relation to such orders or transactions.Further, the following purchases that would otherwise be Qualified Purchases are disqualified and excluded from the Affiliate Program:

5.1.2.1 any order or transaction made in contravention of any of these Rules herein, including without limitation Clauses 2 and 3;
5.1.2.2 any order or transaction which has been deemed by 3ckits in its absolute discretion to be fraudulent.

5.1.3 For clarity, in any case the commission for a Qualifying Purchase will not exceed fifty US dollars (USD 50);

5.1.4 Subject to the USD50 cap set forth in Clause 5.1.3, the commission shall be equivalent to “Commission Rate * Transaction Price”.

5.1.5 Commissions shall not be awarded for any purchases of the following products:
5.1.5.1 virtual products (including gift cards, coupons or any form of stored value usable on the 3ckits Platform);

5.1.5.2 any Product purchased after termination of your Agreement;;
5.1.5.3 any Product order where a cancellation, return, or refund has been initiated;
5.1.5.4 any Product purchased by a customer who is referred to 3ckits Site by a link that is generated or displayed on a search engine (including Google, Yahoo, Bing, or any other search portal, sponsored advertising service, or other search or referral service, or any site that participates in such search engine’s network) (a “Search Engine”);

5.1.5.5 any Product purchased through a Special Link in a Mobile Application that was not an Approved Mobile Application or where the Special Link in an Approved Mobile Application was not served by PA API (as defined below under the IP License) or other linking tools that we make available to you;

5.1.5.6 any Product purchased by a customer who is referred to 3ckits Site by a link that sends users indirectly to 3ckits Site via an intermediate site, without requiring the customer to click on a link or take some other affirmative action on that intermediate site (a “Redirecting Link”);

5.1.5.7 any Product purchased by a customer, where such customer does not comply with the terms and conditions applicable to 3ckits Site;

5.1.5.8 any Product purchase that is not correctly tracked or reported because the links from your site to the relevant 3ckits Site are not properly formatted;

5.1.5.9 any Product purchased as a subscription unless otherwise provided in the Agreement, and

5.1.5.10  any pre-release or pre-order Product that is not available on a Product listing page.

For the avoidance of doubt, whether a product falls within these restricted categories shall be determined by 3ckits in its sole discretion.
5.1.6 If not otherwise agreed with 3ckits, commissions are paid to Participants in US dollars.
5.1.7 For the avoidance of doubt, the following shall not be regarded to be a “Qualifying Purchase”, and 3ckits reserves the right to hold or withdraw any new buyer bonuses due, paid or payable to such Participant in relation to such orders or transactions:
5.1.7.1 any order or transaction made in contravention of any of these Rules herein, including without limitation Clauses 2 and 3;
5.1.7.2 any order or transaction which has been deemed by 3ckits in its absolute discretion to be fraudulent – fraudulent behavior shall include spam registration, hijacking and brand bidding.
5.1.8 New Buyer Bonus

5.1.8.1 If explicitly provided in Clause 5.3, for every first Qualifying Purchase conducted by a New Buyer on the 3ckits Platform which can be validly attributed to or traced to have originated from an advertisement published, displayed, disseminated and/or distributed by Participant and/or Participant’s Advertising Channel, such Participant shall be entitled to claim an one-off new buyer bonus (“New Buyer Bonus”), where such commission shall be calculated in accordance with the rates set out in Clause 5.3 (as updated from time to time). The rates contained in Clause 5.3 shall be applied based on the country where the sale originated from, and shall apply to all Participants of the Program. However, the Participant shall not be entitled to any New Buyer Bonus if any of its Advertising Channels are offline channels (e.g., advertisement areas in metro stations, parks, offline stores, etc.)

5.3 Commission Rules for Qualifying Purchases from Non-Relevant Markets

Provided that a Qualifying Purchase is made by a Buyer from Non-Relevant Markets, this Clause 5.3 shall apply. For any such Qualifying Purchases, the Commissions, New Buyer Bonus, and/or other commissions shall apply a specific Commission Model or set of commission rules based on your Main Advertising Channel Type, together with other factors and limitations, including, without limitation those listed in this Clause 5.3, and those set forth in Clause 5.1.1.

5.3.1 Main Advertising Channel 

5.3.1.1 You agree and acknowledge that your Main Advertising Channel Type determines the specific Commission Model that applies to the evaluation, calculation, estimate, payment of Commissions, New Buyer Bonus, other commissions, privileges, incentives, and/or Qualified Amount of each of the accounts of your Sub-participants (if any), and the accounts of Participants.

5.3.1.2 3ckits shall be entitled to, at its sole reasonable discretion, determine your Main Advertising Channel Type, based on reasonable and relevant factors, limitations and/or restrictions, your breach or violations, including, without limitation, the following:

(a)the main Advertising Channel declared by you;

(b) the Transaction Price of relevant Qualifying Purchases, the percentage of Transaction Price of relevant Qualifying Purchases generated from relevant Main Advertising Channel Type;

(c) the commissions for Qualifying Purchases on a Cost-per-Sale basis, the percentage of commissions for Qualifying Purchases on a Cost-per-Sale basis generated from relevant Main Advertising Channel Type;

(d) New Buyer Bonus, the percentage of New Buyer Bonus generated from relevant Main Advertising Channel Type;

(e) other commissions and/or Qualified Amount, the percentage of other commissions and/or Qualified Amount generated from relevant Main Advertising Channel Type;

(f) the traffic performance (i.e., Qualifying Purchases, clicks, impressions, and/or other Actions) of Participants’ advertising services and/or Advertisements, the percentage of traffic performance of Participant’s advertising services and/or Advertisements generated from Main Advertising Channel Type;

(g) the main market and/or targeting territories of your Advertising Channels; and/or

(h) other relevant factors, restrictions, limitations.

3ckits shall be entitled to change your Main Advertising Channel Type and the Commission Model that shall apply to you, at its sole reasonable discretion, due to change of circumstances, including change or new factors, your breach or violations, and/or other limitations and/or restrictions.

5.3.1.2 You agree and acknowledge that the first site/channel/URL at the account of your Sub-participants (if any), or the first site/channel/URL at the account of the Participant at the Site will be deemed as the declaration of your main Advertising Channel made by you for the relevant account(s) as described in Clause 5.3.1.1 (a). 

You represents and warrants to 3ckits that any such declaration shall be true, accurate, complete, effective, most up-to-date, and shall not make any fraudulent or inappropriate declarations. 

If you violate this Clause 5.3.1.2, 3ckits shall be entitled to take restrictive measures, including penalties, and change your Main Advertising Channel Type and the Commission Model that shall apply to you.

5.3.2 Applicable Commission Model

5.3.2.1 Each of the Main Advertising Channel Type shall apply a specific set of commission rules and/or commission models, including without limitation, the following:

(a) If your Main Advertising Channel Type is Default Channel, then the commission rules and/or commission model set forth in Clause 5.3.3 shall apply (such commission rules and/or model, “Default Channel Commission Model”);

(b) If your Main Advertising Channel Type is Ordinary Cashback/Extension Channel, then the commission rules and/or commission model set forth in Clause 5.3.4 shall apply (such commission rules and/or model, “Ordinary Cashback/Extension Channel Commission Model”);

(c) If your Main Advertising Channel Type is Dropshipping Channel, then the commission rules and/or commission model set forth in Clause 5.3.5 shall apply (such commission rules and/or model, “Dropshipping Channel Commission Model”);

5.3.3 Default Channel Commission Model

The Default Channel Commission Model set forth in this Clause 5.3.3 shall apply provided that your Main Advertising Channel Type is Default Channel.

5.3.3.1 Qualifying Purchases of 3ckits Content

(a) Affiliate Products and Non-Affiliate Products

Provided that the Qualifying Purchase is made by a Buyer from Non-Relevant Markets for Affiliate Products and/or Non-Affiliate Products, the Commission Rates on a Cost-per-Sale basis set forth in Table 5.3.3.1 (a) below shall apply, on the basis of the categories of the relevant 3ckits Content and other relevant and reasonable factors

Table 5.3.3.1 (a): Default Channel Commission Model- Commission Rates for Qualifying Purchases of Non-Affiliate Products and Affiliate Products

Table 5.3.3.1 (a)

Provided that your Main Advertising Channel Type is Drop-shipping Channel, ONLY purchases made by Buyer of the SAME Affiliate Product via your advertising services or Advertisements which uses the tracking technology of 3ckits of the SAME Affiliate Product can be deemed as a “Qualifying Purchase”.

6. Commission Income Reporting and Payment

We will use commercially reasonable efforts to accurately and comprehensively track Qualifying Purchases for the purposes of our internal tracking, and creating and distributing to you our reports summarizing Standard Commission Income and Special Commission Income earned by you during that month.

We will pay Standard Commission Income and Special Commission Income in the default currency for 3ckits Site approximately 90 days following the end of each calendar month in which they were earned by the method described below that you have selected. You may be permitted to elect to receive payment in a currency other than the default currency for 3ckits Site. If you choose to do so, you agree that the conversion rate will be determined in accordance with 3ckits’s operating standards.

Option 1: Payment by Direct Deposit. We will directly deposit the commission income you earn into the bank account you designate once you have provided us with the name of your bank, the account number, the name of the primary account holder as it appears on the account, and other requested identifying information (such as the ABA, IBAN or BIC number, if applicable). If you select this option, we reserve the right to hold commission income until the total amount due to you reaches the minimum stated in the Payment Minimum Chart.

Option 2: Payment by Paypal/Payoneer. We will send you the amount of the commission income you earn to the paypal/Payoneer email address on your Affiliate account. If you select this option, we reserve the right to hold commission income until the total amount due to reaches the minimum stated in the Payment Minimum Chart.

Option 3: Payment by Check. We will send you a check in the amount of the commission income you earn once you have provided us with a physical address. If you select this option, we reserve the right to hold commission income until the total amount due to you reaches the minimum stated in the Payment Minimum Chart and to deduct a processing fee as stated in the Payment Minimum Chart from each check we send to you.

If you do not select or maintain valid information for a payment option, we may at our discretion pay you through another payment option or hold earned commission income until you make your selection or provide such information.

If at any time there has been no substantial activity on your account for at least 3 years, then we will have the right, with 7 days’ written notice to withhold the accrued commission income for your inactive account. Further, any unpaid accrued commission income in your account may be subject to escheatment under applicable law or become extinct by applicable statute of limitation.

Payments made to you, as reduced by all deductions or withholdings described in the Agreement, will constitute full payment and settlement to you of amounts payable under the Agreement.

If any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent commission income payable to you under the Agreement.

For the avoidance of doubt (and notwithstanding any time period), 3ckits reserves the right to discontinue or modify all or part of any limitation at any time.

7.Penalties for Breach and Claims
7.1 In the event of any breach of these Rules by Participants, 3ckits shall have the right (but not the obligation to) impose any of the following enforcement measures against such members:
a. giving written warnings;
b. imposing ratification period for Participants to cure any breach of these Rules;
c. withholding any payment payable to Participants pursuant to these Rules and/or Advertising Agreement (including but not limited to any commissions or new buyer bonuses payable pursuant to Clause 5);

5. rejecting, withholding, deducting, setting off and/or requesting for refund of any payment (including any commissions or new buyer bonuses payable pursuant to Clause 5) that arise from or in connection with Participant’s violation of these Rules and/or Advertising Agreement.
   d. deducting any relevant amount from Participant’s account with the Site or requesting that Participant make payment of such amounts for breach of these Rules to compensate any damage or loss suffered by 3ckits as a result of the breach;
   e. setting off any relevant amount for breach of these Rules against the amount of payment payable to Participant for the month following the discovery of purchases described in Clauses 5.1.2, 5.1.4 or 5.2.2;
   f. requesting Participant to return any amount wrongfully paid by 3ckits to such Participant;
   g. suspending and/or terminating the provision of advertising materials and/or resources (including but not limited to promotional vouchers, coupons and/or codes) to Participant and rendering any such materials and/or resources which have already been distributed to the Participant ineffective;
   h. suspending and/or terminating all tracking and reporting services provided by 3ckits which are necessary for the tracking of Participant’s performance in connection with the Program, including tracking of Qualified Purchases and/or New Buyers;
   i. suspending and/or terminating such Participant’s account with the Site and/or on the 3ckits Platform;
   j. restricting and/or ceasing any existing or planned collaboration with such Participant;
   k. restricting such Participant from any future membership registration with the Site and/or on the 3ckits Platform. Some examples of common violation scenarios and the likely enforcement actions are set out in Appendix C for reference, but nothing herein shall bind 3ckits to the enforcement actions set out in Appendix C, nor shall 3ckits be restricted in any way from imposing any of the enforcement actions set out in this Clause 7.1 if it deems appropriate.
6. restricting, suspending and/or terminating any access, functions, authorizations, privileges, incentives in connection with the accounts of the Participants (and any of its Sub-participants), or for Participants (and any of its Sub-participants), including the API interfacing with relevant 3ckits Products and/or Services, tracking technologies, log-in access, access to the 3ckits Content (including Affiliate Products, Non-Affiliate Products, Hot Products), restriction on withdrawal of payment of any service fees for certain time period, other functions, privileges, incentives, availability to attend certain promotional campaigns.

m.payment of a liquidated damage to 3ckits for breach of these Rules and Advertising Agreement by the Participants (and/or any of its Sub-participants), in accordance with the seriousness of the relevant violations. The liquidated damage to be paid by Participants shall be equivalent to 30% of the total amount of estimated service fee in connection with Transaction Amount of orders made or generated in certain time periods, and/or the total amount of estimated service fee in connection all Transaction Amount that is generated in 30% of relevant time periods among the relevant time periods (e.g., 10 days of total amount of estimated service fee in one month). For the avoidance of doubt, such Transaction Amount include both the Transaction Amount of Qualifying Purchases AND the Transaction Amount of any purchases and/or orders that, at 3ckits’s sole reasonable discretion, to be fraudulent and/or involves Fraud, and/or involves other violations.

For the avoidance of doubt, 3ckits shall be entitled to take any restriction measures and/or enforcement actions, or take any legal actions against the Participants (and/or its Sub-participants) 

7.2 Termination of inactive accounts: Notwithstanding anything in this Clause 6, 3ckits reserves the right to terminate Participant’s account with the Site and any registration of Sub-participants, where such Participant’s account:
7.2.1 has been inactive for 365 consecutive days (for example, such account has not been logged into and no services therein have been used for 365 consecutive days);
7.2.2 has not published and/or distributed any Advertisements or generated any Qualifying Purchases in the last 3 years. Whether a Participant fulfils the criteria under this Clause  shall be determined in accordance with 3ckits’ records, which shall be final and binding.
7.3 Claims
7.3.1 Any Participant may file a written application to 3ckits to object to any enforcement actions taken by 3ckits (such application, a “Claim”). Such written application must be submitted to 3ckits within 5 working days (the “Claim Period”) from the date the enforcement action is taken by 3ckits. 3ckits reserves the right to refuse to process any Claims raised after the Claim Period has elapsed.
7.3.2 Participants shall ensure that a Claim is submitted for each violation in accordance with the format specified, and to provide all relevant supporting documents, information and materials to substantiate Participant’s claim. 3ckits reserves the right to reject and refuse to process any Claims which are submitted in an incorrect format and/or which is missing supporting documents, information and/or materials.
7.3.3 Upon receipt of the Participant’s Claim, 3ckits will process and review the Claim together with all supporting documents, information and materials and provide a written determination of the Claim to the Participant within 5 days from the date such Claim was submitted.
7.3.4 3ckits reserves the right to determine in its sole and absolute discretion whether any Claim is substantiated and/or valid. Where 3ckits determines that such Claim is valid and thus successful, it shall suspend all enforcement measures and lift any penalties imposed upon the Participant. Where the enforcement measures imposed include the deduction, clawback and/or withholding of any payment payable to Participants pursuant to these Rules and/or Advertising Agreement (including but not limited to any commissions or new buyer bonuses payable pursuant to Clause 5), such payment will be paid to the Participant in the within 60 days.
7.4 Whistleblowing: In the event that any Participant becomes aware of any infringement of these Rules and/or the Advertising Agreement by another Participant, 3ckits invites such Participant to notify 3ckits of the infringement by sending an e-mail to affiliate@3ckits.com, where such e-mail:
7.4.1 has the subject title “Report of Violation”;
7.4.2 contains a detailed description of the infringement, including the details of the infringement and the time or time period in which the infringement occurred;
7.4.3 supporting evidence or documents, including without limitation screenshots and/or links;
7.4.4 contact information of the Participant making the report. Upon receiving such an e-mail in the format described above, 3ckits will review and reach a determination, in its sole and absolute discretion, on whether the conduct in question violates any of these Rules and/or the Advertising Agreement. For the avoidance of doubt, please note that the affiliate@3ckits.com mailbox is a dedicated inbox for receiving whistleblowing reports as described in this Clause 7.4, and any e-mails that do not relate to this subject (including any inquiries regarding day-to-day business of 3ckits) will be ignored.
7.5 Where 3ckits takes any action prescribed under this Clause 7, the Participants acknowledge and agree that 3ckits is under no obligation to disclose any information to the Participant regarding the specific violation, though it may choose, in its sole and absolute discretion to do so where the violation was identified by an individual and not detected by any computer system, provided always that the information to be disclosed does not contain any trade secrets or confidential information of 3ckits and/or its affiliates.
7.6 Participant acknowledges that 3ckits shall retain records of all violations and Claims for a maximum of 90 days from the date the enforcement action was taken by 3ckits, or the date 3ckits notifies Participant of the outcome of its Claim (as the case may be).