Affiliate Terms

This agreement is between you, the user (hereinafter "Affiliate") of the KonnektVPN Affiliate Program via our www.konnektvpn.com (our “website”) and KonnektVPN our iOS and Android mobile application (“our App”). Your agreement to abide by and be bound by these Terms is deemed given upon your first access to the KonnektVPN Affiliate Program and your registration as an Affiliate. If you do not agree to these Terms, you should not sign up for the KonnektVPN Affiliate Program.

  1. ABOUT US
    1. We are Synthia Group LLC of 1111b South Governors Avenue Ste 6711 - Dover - Delaware - 19904, Delaware, USA (“Synthia Group”, “we”, “us”, or “our”).
    2. We operate www.konnektvpn.com (our “website”) and KonnektVPN our iOS and Android mobile application (our “App”).
    3. To contact us, please use info@synthia.group, or use our Contact Form.
    4. These Terms were last updated on Sunday, October 26th 2023, and are the current and valid version.
    5. The following additional terms apply to your use of our Services and form part of these Terms:
      1. Our Privacy Policy (website and/or App);
      2. Our Terms of Use, if you are using our iOS and Android mobile application;
      3. Our Terms of Service, if you are using our VPN service;
      4. Our Terms of Sale, if you are purchasing our devices;;
      5. Our ICO Terms, if you are participating in our ICO offerings;
    6. The name KonnektVPN as well as related names, marks, emblems and images are registered trademarks and copyright of Synthia Group LLC.
  2. DEFINITIONS AND INTERPRETATION
    3. In this Agreement, the following definitions apply.
    1. The term "Customer" means a person who meets each of the following requirements: (a) the person is introduced to Synthia Group by the Affiliate through the use of the KonnektVPN Affiliate Program.
    2. The term "Non-Qualified Transaction" means traffic generated by Affiliate and/or Customer and/or revenue generated by a Customer that Synthia Group, in its sole discretion, believes to be: (i) obtained through improper means (including but not limited to those related to email marketing and "spamming"); (ii) false and/or non-compliant with the Affiliate Program; (iii) obtained through misleading conduct and/or collusion and/or manipulation of the KonnektVPN Affiliate Program, whether or not Synthia Group actually suffers any harm as a result.
  3. EFFECTIVE DATE AND TERM
    1. This Agreement shall become effective as of the date it is accepted by Affiliate and shall remain in effect indefinitely unless terminated in accordance with the termination provisions contained in this Agreement.
    2. Synthia Group and Affiliate acknowledge that this Agreement is not a franchise agreement within the meaning of applicable laws.
  4. GRANT OF RIGHTS
    1. Subject to the terms and conditions of this Agreement, Synthia Group hereby grants Affiliate the right to participate in the KonnektVPN Affiliate Program and to advertise, market and promote the services offered by Synthia Group.
    2. Affiliate agrees that this Agreement does not create an exclusive contract between Synthia Group and Affiliate.
    3. Except as permitted in this Agreement, Affiliate shall not: a) use Synthia Group's name or our Intellectual Property or any variations or misspellings thereof or any other terms confusingly similar to the foregoing without express prior written permission; b) use Synthia Group's intellectual property in any manner, except as expressly permitted herein, constitutes unlawful infringement of any trademark, copyright or other intellectual property right and may result in claims for damages and the obligation to pay attorneys' fees and court costs in connection with any action or proceeding in which we seek to enforce rights under this Agreement or with respect to any of Synthia Group's intellectual property rights.
  5. AGREEMENTS
    1. In exchange for commissions payable by Synthia Group, Affiliate agrees to act as a referrer and agent to introduce potential customers to Synthia Group and to provide Synthia Group with the following services: (i) targeting potential customers and/or otherwise promoting Synthia Group through online or offline traffic sources. (ii) Provide truthful, fair and accurate information to prospective clients about the services offered by Synthia Group. (iii) Comply with any business-related instructions or directions given to Affiliate by Synthia Group in the performance of the services contemplated herein.
    2. Affiliate shall not permit its interests to conflict with its obligations under this Agreement and shall comply with all reasonable and lawful instructions of Synthia Group.
    3. If Synthia Group, in its sole discretion, believes that Affiliate is not meeting the requirements of Synthia Group , as set forth in this Agreement, or that Affiliate is otherwise unfit to provide services to Synthia Group , Synthia Group may, in its sole discretion, terminate this Agreement effective immediately by providing written notice to Affiliate without prejudice to Synthia Group's rights under this Agreement.
    4. Affiliate shall have no authority and shall not hold itself out as having authority or permit any person to hold itself out as having authority to bind Synthia Group in any way, and shall not take any action or otherwise conduct itself in such a manner as to create the impression that Affiliate has authority to do so. Any breach of the provisions of this clause shall entitle Synthia Group to terminate this Agreement immediately by written notice to Affiliate.
    5. Affiliate may only use such marketing or promotional materials relating to Synthia Group or the Services as are provided to Affiliate by Synthia Group. Affiliate shall not create any such material or use Synthia Group's name, logo or intellectual property without Synthia Group's prior written consent and approval.
    6. Synthia Group shall have the right, in its sole and absolute discretion, to reject any traffic sources used by Affiliate. Affiliate shall cease using the KonnektVPN Affiliate Program immediately upon receipt of notice from Synthia Group to that effect.
    7. The parties agree that the services provided under this Agreement are provided at Affiliate's own expense and risk.
  6. COMPLIANCE WITH LAWS AND REGULATIONS
    1. Each party shall, at its own expense, comply with all applicable laws and regulations relating to its activities under this Agreement, as amended from time to time, as well as comply with all conditions applicable to it contained in any applicable licenses, registrations, permits and approvals.
    2. Affiliate will abide by Synthia Group's marketing and communications policies , as issued by Synthia Group.
    3. filiate understands, accepts and agrees that it will at all times ensure that none of its actions result in any actual or potential violation of applicable laws and regulations and agrees to cooperate with Synthia Group in any requests to achieve or improve Synthia Group's compliance with applicable laws and regulations.
    4. Affiliate agrees to fully cooperate with Synthia Group at all times and to provide all documentation, communication records, and other information and clarifications that Synthia Group may require to make such assessments.
  7. COMMISSION, RESULTS REPORT AND PAYMENT
    1. Subject to the provisions of this clause and provided that the Affiliate complies at all times with its obligations under this Agreement, the Affiliate shall be entitled to the commission stated on our website or our App at the time of registration.
    2. Affiliate acknowledges and agrees that Synthia Group shall at all times have the sole right, subject to applicable laws and regulations, to determine whether to accept a prospective customer as a customer.
    3. Synthia Group agrees to provide an earnings report to Affiliate through its backend and in the Affiliate Account.
    4. Notwithstanding anything to the contrary in this Agreement, no commission will be paid to the Affiliate a) before he/she has registered and fulfilled the other conditions stated herein; b) if websites are blocked, IP addresses are blacklisted, due to the use of faulty plugins, failure to update, spamming, etc.
    5. Synthia Group has the right to suspend and/or withhold accrued but unpaid commissions if the Affiliate violates any provision of this Agreement or any applicable provision.
    6. Further, it is hereby clarified that in any case where Synthia Group determines that the suspected transactions are not in fact qualified, Synthia Group shall have the right, in addition to any other rights or remedies available to Synthia Group under this Agreement or applicable law, to block access to the KonnektVPN Affiliate Program for such Affiliate, to modify such Affiliate's compensation (including retroactively), and to immediately block such Affiliate's access to the KonnektVPN Affiliate Program, without compensation to Affiliate. Affiliate hereby irrevocably waives any claim or demand against Synthia Group , its affiliates, its directors, officers, shareholders and employees with respect to any such action taken by Synthia Group.
    7. Synthia Group reserves the right to take legal action against Affiliate in the event Affiliate attempts to manipulate Synthia Group and/or abuse the KonnektVPN Affiliate Program. Without limiting the foregoing, Synthia Group reserves the right to withhold, offset and/or deduct any payments due to Affiliate in the event of such manipulation and/or abuse, and may also terminate this Agreement with immediate effect.
    8. Synthia Group shall have the right to change the Affiliate Fee from time to time.
    9. Affiliate shall bear its own costs of providing the Services under this Agreement and shall be solely responsible for the payment of all personnel, marketing, communications, administrative and other overhead costs, taxes and/or duties and/or fees and charges arising from the provision of the Services under this Agreement (including domain and other Internet-related payments).
  8. REPRESENTATIONS AND WARRANTIES
    1. Affiliate hereby represents and warrants to Synthia Group (i) that it is capable of entering into this Agreement and performing the Services contemplated hereby, (ii) that it will not violate any applicable laws and regulations in performing the Services, (iii) that it is not insolvent or subject to any administrative, bankruptcy, tax or other proceedings.
    2. The Affiliate agrees to inform potential customers that their legal relationship is exclusively with Synthia Group and that all communication is exclusively with Synthia Group.
  9. NO AFFILIATION OR AGENCY

    10. The relationship between Synthia Group and Affiliate is that of independent parties. Nothing in this Agreement is intended to create an employee-employer relationship, an affiliation or joint venture between the parties, to make one party the agent of another party, or to authorize any party to incur or assume any obligation for or on behalf of any other party.

  10. TERMINATION
    1. Without prejudice to any other rights or remedies available to it and subject to the provisions of clause 2, either party may terminate this Agreement for any reason at any time after giving the other party seven (7) Business Days' written notice.
    2. Synthia Group shall have the right to terminate the Affiliate Program at any time and for any reason.
    3. Notwithstanding the foregoing, Synthia Group may terminate this Agreement effective immediately by written notice to Affiliate if: (i) Affiliate commits a material breach of this Agreement; (ii) Affiliate creates or uses advertising in the Marketing that violates this Agreement.
    4. All amounts owed by either party to the other under the terms of this Agreement shall become immediately due and payable.
  11. CONSEQUENCES OF TERMINATION

    12. Termination of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to recover damages for breaches of the Agreement that existed at or prior to the date of termination.

  12. DATA PROTECTION
    1. For the purposes of applicable data protection laws, the parties agree to process any personal data submitted in accordance with the Delaware Personal Data Privacy Act (“DPDPA”) and the EU General Data Protection Regulation (“GDPR”) and any other applicable laws.
    2. Affiliate agrees that if it has provided any third party personal data to Synthia Group, it (1) has all necessary consents and notices to enable lawful transfer of such personal data to Synthia Group, and agrees to indemnify Synthia Group in respect of any liabilities, penalties, fines, awards or costs arising from its failure to comply with this requirement.
  13. AVAILABILITY OF THE KONNEKTVPN AFFILIATE PROGRAM.
    1. The KonnektVPN Affiliate Program is provided "as is" and on an "as available" basis. Synthia Group does not warrant that the KonnektVPN Affiliate Program is free from defects and/or errors. To the fullest extent permitted by law, Synthia Group makes no warranty (express or implied) as to fitness for a particular purpose, accuracy of information, compatibility or satisfactory quality.
    2. Synthia Group assumes no liability for any interruption or unavailability of the KonnektVPN Affiliate Program due to external causes, including, but not limited to, failure of ISP equipment, host equipment, communications networks, power outages, acts of nature, acts of war, or legal restrictions and censorship.
  14. OUR RIGHT TO CHANGE THESE TERMS
    1. Synthia Group reserves the right to revise these Terms at any time.
    2. Revisions will be made only if necessary to comply with a change in relevant law or government regulation or to accommodate a change in business processes or procedures.
    3. If Synthia Group changes these Terms, Synthia Group will notify Affiliate and provide notice by indicating at the top of this page that these Terms have changed and the relevant date.
  15. SERVICE INTERRUPTIONS

    16. Synthia Group may need to interrupt Affiliate's access to the KonnektVPN Affiliate Program to perform scheduled or unscheduled maintenance or emergency services. Affiliate agrees that its access to the KonnektVPN Affiliate Program may be affected by unanticipated or unscheduled downtime for any reason, but that Synthia Group shall not be liable for any damages or losses resulting from such downtime.

  16. INDEMNIFICATION AND REMEDIES
    1. Affiliate shall indemnify Synthia Group and hold Synthia Group harmless upon demand with respect to any direct, indirect, punitive, incidental, special, consequential or other damages, all liabilities, costs, claims, demands and expenses (including legal fees) of any kind (collectively, "Losses"), suffered by Synthia Group as a direct or indirect result of any act or omission of Affiliate in connection with its relationship with Synthia Group or any customer referred to Synthia Group by Affiliate, or any failure of Affiliate to perform its obligations under this Agreement, other than Losses resulting from Synthia Group's negligence, fraud, willful misconduct or material breach of the terms of this Agreement.
    2. Without prejudice to the generality of the foregoing, Affiliate agrees to indemnify and hold Synthia Group harmless for any losses incurred as a result of any adverse action. In the event that an adverse action consists of or relates to a derogatory or defamatory statement about Synthia Group, Affiliate agrees to take such remedial action as Synthia Group may direct and to make a corrective statement to eliminate the effects of the adverse action, provided that Affiliate shall not be required to make a misleading or untrue statement.
  17. OTHER IMPORTANT TERMS
    1. We may transfer our rights and obligations under these terms and conditions to another organization, but this will not affect your rights or obligations under these terms and conditions.
    2. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
    3. No joint venture, partnership or agency or employment relationship has arisen by reason of these terms and conditions.
    4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions or any document expressly referred to in it.
    5. If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    6. Each of the conditions of these terms and conditions operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of the State of Delaware. In the event of any such disputes or claims in connection with these terms and conditions, you agree to first engage in good faith discussions with us to resolve such disputes or claims. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of the State of Delaware.