Affiliate Terms of Use

These Affiliate Terms of Use (the "Affiliate Terms") govern your participation in the JyvGaming Affiliate Program (the "Program") at jyvgaming.gg. By applying to or participating in the Program, you accept these Affiliate Terms. They supplement — and where there is conflict, are superseded by — your individually signed JyvGaming Performance Affiliate Agreement (the "Affiliate Agreement").

1. Program Overview

The Program lets approved content creators and community operators ("Affiliates") promote JyvGaming (the "Platform") in exchange for commissions on referred paid subscriptions. The Program is operated by JYV STREAM LLC, a Florida limited liability company ("Company," "we," "us"), through jyvgaming.gg.

2. Eligibility

To participate, you must:

• hold an active, paid JyvGaming subscription on jyvgaming.gg at the time of application — the Program is a customer-only path and public visitors cannot apply without an account, paid plan, and active dashboard session;
• be at least 18 years of age (or the age of majority in your jurisdiction);
• be legally able to enter into binding contracts;
• not be located in, or a resident of, any country subject to comprehensive U.S. sanctions, and not be on any U.S. denied-party list;
• operate at least one channel, server, or audience consistent with the Program’s focus on competitive gaming and audio;
• comply with the laws of your jurisdiction and the Terms of Service of every platform on which you promote the Platform.

3. Application, Approval, and Onboarding

Applications are submitted from the affiliate dashboard inside your paid account and are subject to manual review (channel fit, content compliance, and referral-code request). Approval is at our sole discretion; we do not auto-approve. After approval, your status changes from PENDING_ONBOARDING to ACTIVE.

Before commissions become withdrawable, you must complete onboarding, including:

• legal name and (if applicable) business name;
• government-issued photo ID (encrypted at rest);
• physical address (no PO Boxes);
• tax form (W-9 for U.S., W-8BEN for non-U.S.) and tax ID (encrypted at rest);
• payout method setup (Stripe Connect is the default; PayPal and bank transfer are available only where approved in writing by the Company — see Section 5);
• channel and Discord server URLs and Discord 30-day active-member analytics for each listed server;
• proof of age (18+ or jurisdictional majority).

Onboarding must be completed within 14 days of your Effective Date or your enrollment may be voided.

4. Affiliate Agreement Controls

Each approved Affiliate enters into a written Performance Affiliate Agreement with the Company. The Affiliate Agreement governs the term, commission structure, deliverables, exhibits, and other commercial terms. These Affiliate Terms apply to all participants and to any pre-contract activity (e.g., applications, marketing previews). If anything in these Affiliate Terms conflicts with your signed Affiliate Agreement, the Affiliate Agreement controls.

5. Commissions — Summary Only

This is a public summary. Your signed Affiliate Agreement is the authoritative document. Stripe transaction records are the source of truth for all commission calculations.

Failed payments, paused subscriptions, refunds, and chargebacks do not generate commissions. The Company will not reverse already-credited commissions except in cases of confirmed fraud or breach of these Affiliate Terms or the Affiliate Agreement.

6. Attribution and Tracking

• Each Affiliate is issued a unique Affiliate Link and may be issued a Referral Code.
• Conversions are attributed to the last Affiliate Link or Referral Code used within the 30-day attribution window before purchase.
• Where both an Affiliate Link and a Referral Code from different Affiliates are used in the same window, the Referral Code controls.
• Self-referrals — including subscriptions made by family members or persons at the same physical address — do not qualify, except as expressly approved in writing by the Company.
• Organic signups without a link or code are not attributed to any Affiliate.

7. Conduct, Brand, and Content

7.1 Required Practices

• Represent the Platform accurately and based on your own use.
• Use only Promotional Materials provided by the Company, or obtain pre-approval for custom materials.
• Comply with FTC Endorsement Guides (16 CFR Part 255), CAN-SPAM, GDPR, CCPA/CPRA, and the Terms of Service of every platform you use.
• Disclose the affiliate relationship clearly and visibly in every piece of content. Hashtags alone (#ad, #sponsored) do not satisfy FTC requirements.
• Place your Affiliate Link or Referral Code in a clearly visible location appropriate to the platform (e.g., top of YouTube descriptions + pinned comment, bio link on TikTok/Instagram, in-post or first reply on X, chat panel/overlay on Twitch/Kick).

7.2 Prohibited Practices

• Spam, bots, click farms, cookie stuffing, fake conversions, or artificial traffic.
• Fake reviews, paid testimonials, or manufactured social proof.
• Clickbait or misleading thumbnails, titles, or staged demonstrations.
• Disparaging, defamatory, or misleading public statements about the Company or the Platform.
• Paid search bids on JyvGaming brand keywords without prior approval. Even where approved, the terms "JyvGaming free," "JyvGaming crack," "JyvGaming scam," "JyvGaming cheat," and any variation implying the Platform is free, counterfeit, or fraudulent are prohibited.
• Paid social ads using the JyvGaming name without prior approval.
• Creating or distributing AI-generated voice clones, video deepfakes, or synthetic likenesses of any Company personnel without express written consent.
• Promoting Directly Competing Services in a manner that conflicts with or undermines JyvGaming promotion.
• Associating JyvGaming with cheat software, exploit tools, or game hacking.
• Registering domains or social handles using JyvGaming branding or confusingly similar variations.
• Scraping data from the Company’s website or Platform.

7.3 Meaningful Activity

You are expected to maintain reasonable promotional activity. "Meaningful activity" means publishing at least two (2) pieces of promotional content OR generating at least one (1) new referred subscriber per 30-day period. If neither threshold is met, the Company may temporarily suspend withdrawal access for newly accrued commissions (previously withdrawable balances remain accessible) or end the Agreement after 14 days’ written notice and a reasonable opportunity to cure.

7.4 Deliverables (Baseline)

Unless your signed Agreement specifies otherwise, baseline expectations are:

Schedule and deliverable changes — including during the first 14 days of onboarding — require mutual written agreement.

7.5 Complimentary Platform Access

Once onboarding is complete, the Company will provide complimentary access to the highest available JyvGaming subscription tier for the duration of the Agreement. Access is for personal use and content creation only — it may not be shared, resold, or transferred. Complimentary access has taxable fair market value and will be reported as required by applicable law. Access ends within 14 days of the Term End Date unless renewed.

7.6 Raw Footage Requests

The Company may request raw, unedited footage for any video integration (up to 60 seconds) for use in official JyvGaming marketing materials. Such requests are limited to a maximum of three (3) per calendar month. You are not obligated to retain raw files beyond 90 days of publication and will make a good-faith effort to provide requested assets within that window. Use of raw footage remains subject to attribution and non-alteration commitments.

7.7 Fraud Monitoring (Contact Before Action)

7.8 Platform Downtime

If the Platform experiences unscheduled downtime exceeding 72 consecutive hours during the term, the term will be extended by the number of days of such downtime at no cost to either party, and your content deadlines will be adjusted accordingly.

8. Disclosure Obligations

You are solely responsible for compliance with all advertising, endorsement, and consumer-protection laws in every jurisdiction where your audience is located. Disclosures must be clear, conspicuous, and understandable to the average viewer — not buried in description text or hashtags. Sample language: "I earn a commission when you subscribe through my link." Failure to disclose properly is a material breach of these Affiliate Terms and may result in commission reversal and termination.

9. Intellectual Property

The Company grants you a limited, non-exclusive, non-transferable, revocable license to use the JyvGaming name, logos, and Promotional Materials solely to promote the Platform during the term of your Affiliate Agreement. All goodwill from your use of the marks inures to the Company. The license ends when your Affiliate Agreement ends. You may not register trademarks, domains, or accounts using JyvGaming branding at any time.

You retain ownership of content you create. You grant the Company a non-exclusive, royalty-free, worldwide license to share, repost, and use clips up to 60 seconds for promotional purposes, with attribution. The Company will not alter the meaning of your content or use it in a way that damages your reputation. This license survives the term for 12 months for previously published reviews.

10. Confidentiality

Non-public information you receive in connection with the Program (including commission data, internal roadmaps, dashboards, and business contacts) is confidential. You must not disclose it for two (2) years after your participation ends. The Company has reciprocal confidentiality obligations regarding your channel analytics and personal data.

11. Personal Data and Security

We process Affiliate personal data (legal name, government-ID metadata, tax identifiers, address, banking metadata, channel handles, Discord analytics) under our Privacy Policy and the Affiliate Agreement. Government-issued ID and Tax IDs are encrypted at rest. We retain such data for the duration of your participation plus the period required by tax, anti-fraud, and audit laws (typically up to 7 years). You may exercise rights under applicable law (GDPR, UK GDPR, CCPA/CPRA) by emailing privacy@jyvstream.com.

Data Breach Notice: In the event of a security incident affecting Affiliate personal information, we will notify the affected Affiliate in writing within seventy-two (72) hours of discovery, describe the nature of the compromised data and mitigation steps, and provide identity-monitoring services at our expense for twelve (12) months.

12. Suspension and Termination

• We may suspend your account or withdrawals if we observe abnormal patterns, suspected fraud, or material breach, after good-faith outreach to you.
• Either party may end the Affiliate Agreement on at least 14 days’ written notice (immediate for confirmed fraud or intentional brand damage).
• On termination: accrued commissions on referred subscribers continue for 30 days; wallet balances remain withdrawable; Affiliate Links and Referral Codes must be removed or deactivated from content within 14 days where reasonably practicable.
• Sections 7, 9, 10, 13–17 survive termination.

13. Disclaimers

THE PLATFORM AND THE PROGRAM ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO WARRANTY REGARDING UPTIME, CONVERSION RATES, OR INCOME OUTCOMES. JYVGAMING DELIVERS ADVANCED AUDIO CLARITY, SPATIAL ACCURACY, AND PERCEPTUAL AWARENESS THROUGH ITS PROCESSING TECHNOLOGY. PERFORMANCE IS INFLUENCED BY SYSTEM CONFIGURATION AND USAGE CONDITIONS. PRIOR EARNINGS OF OTHER AFFILIATES ARE NOT INDICATIVE OF YOUR RESULTS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. EACH PARTY’S AGGREGATE LIABILITY UNDER THE PROGRAM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL COMMISSIONS PAID OR PAYABLE TO THE AFFILIATE UNDER THE AFFILIATE AGREEMENT, OR (B) USD $500.

15. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from any claim, loss, or liability arising from (a) your promotional activities, (b) your content, (c) your breach of these Affiliate Terms or your Affiliate Agreement, (d) your violation of any law or platform rule, or (e) any IP infringement in your content. Your indemnification obligation is capped at the greater of (i) the total commissions paid or payable to you under the Affiliate Agreement, or (ii) USD $500.

16. Governing Law and Disputes

These Affiliate Terms are governed by Florida law (without regard to conflicts rules). The parties shall first attempt to resolve any dispute through good-faith discussion within 30 days. Unresolved disputes shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Orange County, Florida. The parties waive any right to a jury trial or to participate in a class, collective, or representative action. EU/UK Affiliates retain non-waivable statutory rights under their local law.

17. Changes to These Affiliate Terms

We may update these Affiliate Terms from time to time. Material changes will be communicated to active Affiliates at least 30 days in advance. Continued participation after the effective date constitutes acceptance. Changes affecting commission economics are governed by Section 2 of the Affiliate Agreement (14-day notice; right to terminate without penalty if commissions would drop more than 20%).

18. Independent Contractor; No Agency

Affiliates are independent contractors. Nothing in these Affiliate Terms creates an employment, partnership, joint venture, franchise, or agency relationship. Neither party may bind the other or make commitments on the other’s behalf.

19. Miscellaneous

If any provision is unenforceable, it will be modified to the minimum extent necessary; the remainder remains in force. We may assign these Affiliate Terms to a successor in connection with a merger, acquisition, or sale of assets; you may not assign without our prior written consent. No waiver is effective unless in writing.

20. Contact

JYV STREAM LLC

7901 4th St N, Suite 33883, St. Petersburg, FL 33702, USA

Affiliate support: support@jyvstream.com

Privacy / data rights: privacy@jyvstream.com

Legal notices: legal@jyvstream.com

Website: https://jyvgaming.gg