Affiliate Partner Agreement

Affiliate Partner Agreement Terms

Please read each provision in the order shown. The Agreement text below is reproduced from the supplied Agreement Version 1.0.

Agreement Version: 1.0

This Affiliate Partner Agreement (this “Agreement”) is made between Nonary Nova LLC, 1 Westinghouse Plaza, Boston, Massachusetts 02136 (“Nonary Nova,” “Company,” “we,” “us,” or “our”), and the person or entity identified below (“Affiliate,” “you,” or “your”).

Nonary Nova and Affiliate are each a “Party” and together the “Parties.” This Agreement becomes effective only when Nonary Nova has approved Affiliate’s application, Affiliate has accepted this Agreement, and Nonary Nova has activated Affiliate’s account or delivered written activation notice. Applying, registering an account, or requesting a coupon code does not itself authorize promotion or create any right to compensation.

1. Program and relationship

1.1 Program purpose

The Nonary Nova affiliate program permits approved Affiliates to introduce prospective customers to eligible Nonary Nova website subscription offerings through Approved Channels, a Company-issued Partner Code, and/or a Company-issued Tracked Link. Affiliate may earn commissions only on Eligible Payments that are properly attributed and remain eligible under this Agreement.

Nonary Nova may market directly or indirectly, appoint other affiliates, operate competing programs, and offer prices, promotions, services, or terms that differ from those available through Affiliate. Nonary Nova controls all customer eligibility, product availability, prices, discounts, subscriptions, customer support, billing, refunds, cancellations, account decisions, tracking rules, and service decisions.

1.2 Independent contractor; no authority

Affiliate is an independent contractor. Nothing in this Agreement creates an employment, agency, franchise, distributorship, brokerage, fiduciary, joint venture, sales-representative, or legal partnership relationship between the Parties. Affiliate has no authority to bind Nonary Nova, accept orders, make warranties, quote terms other than approved terms, process payments, issue refunds, modify accounts, provide support on behalf of Nonary Nova, or make any commitment for Nonary Nova.

Affiliate is solely responsible for its personnel, operations, expenses, equipment, insurance, licenses, taxes, registrations, and legal obligations. Affiliate is not entitled to a salary, benefits, expense reimbursement, minimum activity, leads, exclusivity, or guaranteed income.

1.3 Customer relationship

All prospective and actual users, subscribers, accounts, customer information, and service relationships belong solely to Nonary Nova. A person introduced by Affiliate does not become Affiliate’s customer merely because of that introduction. Affiliate must promptly direct product, billing, account, technical, privacy, attribution, and customer-service questions to Nonary Nova’s designated support channel.

2. Definitions

3. Approval, activation, and approved channels

3.1 Affiliate information and eligibility

Affiliate represents and warrants that all application, identity, contact, channel, payout, tax, and other information provided to Nonary Nova is accurate, current, complete, and not misleading. Affiliate must promptly update that information through the Partner Dashboard or by written notice.

Affiliate must be at least eighteen (18) years old and have legal capacity to enter this Agreement. If Affiliate is an entity, the person accepting or signing this Agreement represents and warrants that they have authority to bind that entity. Affiliate may not participate if participation is prohibited by applicable law or if Affiliate has been removed from the program for fraud, deceptive promotion, material breach, or unlawful conduct without Nonary Nova’s written reinstatement.

3.2 Approval discretion

Nonary Nova may approve, decline, condition, delay, suspend, or revoke an application, channel, promotion, or account in its reasonable business discretion, including to protect customers, assess audience fit, verify responsible promotion, comply with law, prevent fraud, preserve brand reputation, or manage program capacity. Nonary Nova is not required to approve a requested Partner Code or explain a decision.

3.3 Conditions before activation

Before Affiliate promotes Nonary Nova, Affiliate must: (a) accept this Agreement; (b) disclose all channels, domains, social accounts, newsletters, communities, direct-marketing methods, and paid-media plans that Affiliate proposes to use; (c) complete requested identity, payout, and tax onboarding; (d) review current Approved Materials and promotion requirements; and (e) receive an activated Partner Code and/or Tracked Link from Nonary Nova. No promotion is authorized before all conditions are complete.

3.4 Channel changes and sub-affiliates

Affiliate may promote only through Approved Channels. Affiliate must obtain Nonary Nova’s prior written approval before using a materially new channel, paid campaign, comparison website, coupon/deal site, cashback/rewards site, browser extension, incentive program, referral network, sub-affiliate, agency, influencer, or other third party to promote Nonary Nova.

Affiliate is fully responsible for every person or entity acting for, through, or under Affiliate, including personnel, contractors, agencies, creators, sub-affiliates, and traffic sources. Affiliate must bind each such person or entity to written obligations at least as protective as this Agreement and must provide those obligations upon request.

4. Accurate promotion and product boundaries

4.1 Approved description

Affiliate must describe Nonary Nova accurately and only in a manner consistent with current Approved Materials. Unless Nonary Nova provides approved replacement language in writing, Affiliate may use the following product description:

“Nonary Nova is a trading research and workflow service that helps users explore market context and review their own decisions. It does not promise results.”

Affiliate must include any Company-required qualification, risk statement, limitation, or offer condition relevant to the placement. Affiliate may not edit, omit, minimize, contradict, or obscure a required qualification.

4.2 Prohibited financial and performance claims

Affiliate must not, directly or indirectly, make, imply, repeat, amplify, or permit any statement that:

characterizes Nonary Nova, Affiliate, or the service as a registered investment adviser, broker-dealer, financial planner, licensed financial institution, fiduciary, personalized adviser, or similar regulated professional or service;

provides individualized investment, financial, tax, legal, or trading advice, including advice tailored to a person’s account, portfolio, holdings, risk tolerance, finances, objectives, or personal circumstances;

represents content or features as a recommendation to buy, sell, hold, or trade a particular security, investment, position, or strategy;

promises, guarantees, predicts, implies, or portrays likely profits, returns, income, savings, risk reduction, win rates, successful outcomes, financial freedom, “easy money,” passive income, or specific trading performance;

calls the service a stock-pick service, guaranteed setup, automatic-profit mechanism, hands-off trading product, autonomous trade-execution system, account-management service, or similar product;

publishes or republishes real, hypothetical, simulated, backtested, cherry-picked, testimonial, portfolio, trade, entry/exit, target-price, stop-loss, score, or other performance information in a way that suggests an outcome or a likely benefit, unless Nonary Nova has preapproved the exact content and placement in writing;

misstates the price, discount, eligibility, billing cadence, cancellation process, features, availability, privacy practices, product limitations, or customer support; or

makes a claim that Affiliate does not honestly believe, does not have a reasonable documented basis to make, or has not personally experienced when presented as a personal experience.

A disclaimer placed far from a claim, a generic statement that results may vary, or an audience member’s assumption does not authorize an otherwise prohibited statement.

4.3 Customer decision-making

Affiliate must make clear that trading and markets involve risk; information may be incomplete, inaccurate, or outdated; each customer must independently evaluate information before acting; and each customer is responsible for their own decisions and results. Affiliate must not instruct, pressure, or solicit a customer to make a particular trade, connect an account, or take any action involving personal financial information.

5. Material-connection disclosures and endorsements

5.1 Disclosure requirement

Affiliate must clearly and conspicuously disclose its material connection to Nonary Nova in or immediately next to every endorsement, recommendation, link, code, review, comparison, testimonial, live discussion, or other promotion. The disclosure must be difficult to miss, easily understandable, and in the same language as the promotion.

At a minimum, Affiliate must use the following disclosure or other wording expressly approved in writing by Nonary Nova:

“Advertisement. I may earn a commission if you subscribe through my link or use my code.”

Affiliate must place the disclosure before or with the endorsement, link, or code. A disclosure located only in a profile, bio, footer, terms page, hashtag group, “more” expansion, or distant description is not sufficient.

5.2 Format-specific placement

5.3 Honest opinions and reviews

Affiliate may not present a paid, incentivized, scripted, or supplied statement as an independent review without the required disclosure. Affiliate must not make a personal-experience claim unless it is truthful and Affiliate was a bona fide user of the service when the statement was made. Affiliate must not use fake followers, fake engagement, fake reviews, undisclosed incentives, fabricated testimonials, or misleading edits of another person’s experience.

6. Tracking, attribution, customer offer, and commissions

6.1 Use of Partner Code and Tracked Link

Affiliate must use the Partner Code and Tracked Link exactly as issued. Affiliate may not alter, cloak, frame, mask, redirect, manipulate, reverse engineer, scrape, inject, substitute, or create a replacement for a Partner Code or Tracked Link. Affiliate must not use tracking technology that overwrites, intercepts, or interferes with another source’s tracking, a customer’s choice, or Company systems.

Affiliate may tell a prospective customer to open Affiliate’s Tracked Link first, create or sign in to their Nonary Nova account, and complete eligible website checkout in the same browser session. Where available, the customer may use Affiliate’s Partner Code at checkout. Affiliate must not instruct a customer to create a replacement checkout session, alter referral data, or circumvent Company attribution processes.

6.2 Attribution and Company records

Nonary Nova’s records, tracking logic, order systems, fraud reviews, and payment records control the determination of attribution and commission eligibility absent manifest error. Attribution may fail or change because of browser/device changes, privacy settings, cleared cookies, expired/removed tracking, another referral source, a direct checkout, invalid/omitted code, customer ineligibility, technical issues, fraud review, or other conditions in this Agreement.

Unless Nonary Nova states otherwise in writing, only a Qualifying Customer’s first eligible website subscription purchase may be attributed; the last valid eligible Affiliate referral before checkout controls if more than one referral source is involved; and Affiliate receives no credit for an existing subscriber, existing customer, active lead, or other ineligible customer identified in Company records.

6.3 Current customer offer and commission rate

Subject to the eligibility conditions in this Agreement, an eligible new website customer who uses an approved Partner Code or Tracked Link may receive 30% off the then-current eligible website subscription price at checkout and on eligible renewals while the qualifying website subscription remains active.

Subject to all conditions in this Agreement, Affiliate earns a commission equal to 25% of each Eligible Payment. The commission is calculated on the discounted payment amount actually received and retained by Nonary Nova, not on the undiscounted list price.

The stated rate is recurring only while the customer’s attributed eligible subscription remains active and each payment independently satisfies the definition of Eligible Payment. The rate is not a promise that a customer will renew, that a payment will remain eligible, or that Affiliate will receive commission after termination or a program change unless Nonary Nova expressly states otherwise in writing.

Apple App Store, Google Play, TestFlight, and other in-app or third-party store purchases are excluded unless Nonary Nova expressly identifies them as eligible in writing.

6.4 Exclusions, reversals, and offsets

No commission is owed for a transaction or activity involving: (a) cancellation, refund, reversal, chargeback, failed payment, disputed payment, credit, or fraudulent payment; (b) self-referral, a referral from Affiliate’s household, personnel, contractor, controlled entity, or account, or Affiliate’s own purchase; (c) a prohibited promotional method, deceptive claim, incomplete disclosure, unapproved incentive, malware, automated traffic, fake account, duplicate account, stolen payment method, cookie stuffing, forced click, or other abusive conduct; (d) an ineligible customer, product, plan, channel, geography, checkout, or billing platform; (e) a Company error, abuse, technical failure, or material breach by Affiliate; or (f) another noncommissionable condition stated by Nonary Nova in writing.

Nonary Nova may reasonably reverse, recover, deduct, withhold, or offset a commission credited or paid in error or that later becomes ineligible. Nonary Nova may hold reasonably disputed or suspicious amounts while it investigates. Affiliate must promptly repay an overpayment after written notice, and Nonary Nova may offset the amount against future commissions to the extent permitted by law.

6.5 Payouts and taxes

The Partner Dashboard may display estimated, pending, eligible, paid, reversed, or adjusted amounts. Dashboard amounts are informational and do not create an entitlement until Nonary Nova validates the amount and pays it.

Affiliate must provide complete and accurate payout and tax information in the form required by Nonary Nova. Nonary Nova may require tax documentation before payment and may withhold amounts as required by law. Affiliate is solely responsible for all taxes, reporting, registrations, deductions, insurance, and other obligations arising from Affiliate’s activities and compensation.

7. Marketing methods and prohibited conduct

7.1 General conduct standard

Affiliate must promote responsibly, lawfully, accurately, professionally, and in a manner that does not harm customers, the public, or Nonary Nova’s reputation. Affiliate must comply with all applicable advertising, endorsement, consumer-protection, privacy, communications, platform, copyright, trademark, competition, and other laws and rules in every place where Affiliate promotes.

Affiliate may not promise or provide any discount, rebate, gift, prize, credit, service, guarantee, or incentive related to Nonary Nova without Nonary Nova’s prior written approval.

7.2 Direct marketing

Affiliate must not send unsolicited, deceptive, unlawful, or non-consensual email, text message, direct message, push notification, telemarketing communication, robocall, prerecorded call, fax, or other direct marketing communication. For commercial email, Affiliate must use accurate sender and routing information, a nondeceptive subject line, a clear advertisement identification, a valid physical postal address, a functional opt-out method, and timely suppression of opt-out requests. For calls or text messages made using automated, prerecorded, or similar technology, Affiliate must obtain and retain evidence of all consent required by applicable law and must honor all opt-out, do-not-contact, and revocation requests promptly.

Affiliate may not use customer or prospect information supplied by Nonary Nova to market any other product or service. Affiliate may not represent that any communication is sent by, from, or on behalf of Nonary Nova unless Nonary Nova gives written approval for that exact communication.

7.3 Brand, search, and paid-media restrictions

Affiliate must not, without Nonary Nova’s prior written approval:

buy, bid on, target, or use “Nonary Nova,” “Nonary,” “Nova,” “Ella,” Company Marks, confusing misspellings, or Company domains as a paid-search keyword, ad copy, audience-targeting term, display URL, domain, social handle, or app name;

direct paid advertising, paid social, or other paid traffic to a Company checkout page, Company domain, Tracked Link, or standalone landing page using Company Marks;

register, use, buy, or redirect a confusingly similar domain, subdomain, social-media handle, app name, email address, or branding; or imitate Company sites, emails, pages, applications, identities, or trade dress;

publish a Partner Code or Tracked Link on a coupon, deal, cashback, rebate, loyalty, browser-extension, paid-incentive, or similar site; or

use a third-party creator, network, agency, influencer, or sub-affiliate.

7.4 Technical and content restrictions

Affiliate must not use adware, spyware, malware, browser extensions, cookie stuffing, forced clicks, hidden links, pop-ups/under, toolbars, automated traffic, bots, scraping, misleading redirects, unauthorized URL shortening, or technology that modifies attribution.

Affiliate must not collect customer payments, credentials, brokerage logins, account tokens, portfolio information, passwords, personal information, or sensitive financial information for or on behalf of Nonary Nova. Affiliate must not ask customers to share such information through Affiliate.

Affiliate must not promote to, knowingly target, or knowingly collect information from a person under eighteen (18) years of age. Affiliate must not connect Nonary Nova to unlawful, fraudulent, deceptive, misleading, harassing, discriminatory, sexually explicit, violent, hateful, defamatory, infringing, or otherwise objectionable content or conduct.

8. Review, monitoring, correction, and audit

Nonary Nova may monitor, review, archive, audit, request copies or screenshots of, or otherwise assess Affiliate’s channels, promotions, links, campaign data, communications, traffic sources, consent records, and related materials to verify compliance. Affiliate must cooperate promptly and provide requested materials within two (2) business days, or sooner if reasonably necessary to address a legal, safety, fraud, platform, customer, or security issue.

Affiliate must submit the first public placement and any paid campaign, performance-related content, testimonial, comparison, or material new channel for written approval before publication. No response from Nonary Nova constitutes approval.

If Nonary Nova identifies actual or suspected noncompliant content or activity, Affiliate must correct, clarify, pause, or remove it immediately on request and no later than twenty-four (24) hours after notice, unless Nonary Nova sets a shorter period because of risk. Nonary Nova may disable a Partner Code or Tracked Link, remove Affiliate access, communicate directly with a platform or customer, or take other reasonable protective action.

Affiliate must maintain accurate records regarding Nonary Nova promotions, disclosures, referral sources, paid-media activity, consent records, and related communications for at least two (2) years after publication or the longer period required by law. On reasonable request, Affiliate must provide relevant records and assist with a complaint, platform inquiry, government inquiry, audit, investigation, or claim relating to Affiliate’s participation.

9. Intellectual property

9.1 Limited license

During the activation period and solely for permitted promotions under this Agreement, Nonary Nova grants Affiliate a limited, personal, nonexclusive, nontransferable, nonsublicensable, revocable license to use Approved Materials and Company Marks exactly as provided. All goodwill arising from Affiliate’s permitted use of Company Marks inures solely to Nonary Nova.

9.2 Restrictions

Affiliate may not modify, animate, crop, combine, translate, adapt, imitate, create derivative works from, or otherwise use a Company Mark or Approved Material without Nonary Nova’s prior written approval. Affiliate may not use Company Marks in a domain, subdomain, social handle, business name, paid-ad keyword, ad copy, application, product, service, or metadata except as expressly permitted.

Nonary Nova may change or withdraw Approved Materials at any time. Affiliate must stop using withdrawn material immediately and update or remove it within the period Nonary Nova specifies. Except for the limited license in this Section 9, no right is granted to Affiliate.

10. Data protection and confidentiality

10.1 Customer data restrictions

Affiliate receives no right to customer personal, financial, brokerage, portfolio, trading, account, payment, behavioral-profile, or other sensitive information. Nonary Nova may provide only limited, aggregated, or Affiliate-specific attribution and commission information through the Partner Dashboard. Affiliate must not try to identify a customer from dashboard information or request customer information from Nonary Nova.

Affiliate may process personal information from its own audience only as an independent business, in accordance with applicable privacy and communications law and Affiliate’s own accurate privacy notices. Affiliate must not state or imply that it collects, shares, or processes information on behalf of Nonary Nova unless a separate written agreement expressly says so.

10.2 Security incident notice

Affiliate must use reasonable administrative, technical, and physical safeguards for Company information. Affiliate must notify Nonary Nova at support@nonarynova.com without undue delay, and no later than twenty-four (24) hours after discovery, of an actual or reasonably suspected unauthorized access, disclosure, loss, misuse, breach, or security incident involving Company information, Program Materials, Partner Dashboard access, or a Company-related campaign. Affiliate must cooperate in investigation, containment, remediation, and legally required notices.

10.3 Confidential information

“Confidential Information” means nonpublic information that a reasonable person would understand to be confidential, including commissions, attribution data, payout details, product roadmaps, unreleased features, dashboard information, nonpublic pricing, customer information, security information, and nonpublic Program Materials. Affiliate may use Confidential Information only to perform this Agreement, may disclose it only to personnel who need to know it and are bound by written confidentiality obligations at least as protective as this Section, and must protect it with reasonable care.

Confidential Information does not include information Affiliate can prove was lawfully public without breach, already known without a duty of confidence, independently developed without use of Confidential Information, or lawfully received from a third party without duty of confidence. Affiliate may disclose Confidential Information if legally compelled after giving prompt notice where legally permitted and reasonably cooperating to seek protection. These duties continue for five (5) years after termination; trade secrets and customer personal information remain protected for as long as applicable law requires.

11. Affiliate representations and indemnity

11.1 Affiliate representations

Affiliate represents, warrants, and covenants that: (a) it will comply with this Agreement and applicable law; (b) its channels, content, and activities will not infringe, violate, misappropriate, defame, or otherwise harm a third party; (c) its endorsements will reflect honest opinions and genuine experiences; (d) it has all consents, permissions, licenses, releases, and rights needed for its content and communications; (e) it will maintain all licenses and registrations required for its own business; and (f) it will not do anything that could reasonably cause Nonary Nova to violate law or suffer regulatory, platform, financial, or reputational harm.

11.2 Indemnity

Affiliate will defend, indemnify, and hold harmless Nonary Nova, its affiliates, licensors, and their respective directors, officers, employees, agents, and representatives from and against third-party claims, demands, investigations, actions, losses, liabilities, penalties, fines, damages, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) Affiliate’s channels, content, marketing, communications, data practices, personnel, or business; (b) Affiliate’s breach of this Agreement or applicable law; (c) an Affiliate false, misleading, unauthorized, investment-related, or noncompliant claim; (d) Affiliate negligence, fraud, willful misconduct, or violation of another person’s rights; or (e) Affiliate tax, employment, compensation, or regulatory obligations.

Nonary Nova will promptly notify Affiliate of an indemnified claim and may participate with counsel of its choice at its own expense. Affiliate may not settle a claim in a way that imposes liability, admission, restriction, or obligation on Nonary Nova without Nonary Nova’s prior written consent.

12. Disclaimers and limitation of liability

12.1 Program disclaimer

To the maximum extent permitted by law, the program, Partner Dashboard, tracking, Approved Materials, Company Marks, links, codes, and related systems are provided “as is” and “as available.” Nonary Nova does not warrant that tracking will be available, accurate, complete, error-free, uninterrupted, or successful; that a customer will receive a discount; that a referral will be attributed; or that Affiliate will earn any commission, revenue, lead, traffic, or other benefit.

Nonary Nova may change, suspend, or discontinue an offering, offer, checkout flow, product, plan, price, discount, link, code, feature, tracking method, or program component as permitted by this Agreement. Nothing in this Agreement guarantees any trading, financial, or commercial outcome.

12.2 Limitation of liability

To the maximum extent permitted by law, Nonary Nova and its affiliates, licensors, and representatives will not be liable for indirect, incidental, special, consequential, exemplary, punitive, lost-profit, lost-revenue, lost-data, lost-goodwill, or business-interruption damages arising from or relating to this Agreement or the program, even if advised of the possibility.

To the maximum extent permitted by law, Nonary Nova’s aggregate liability arising out of or relating to this Agreement will not exceed the commissions actually paid or payable to Affiliate under this Agreement in the six (6) months before the event first giving rise to liability. Nothing in this Agreement limits liability that cannot lawfully be excluded or limited.

13. Term, suspension, and termination

13.1 Term

This Agreement begins on the Effective Date. Affiliate’s promotional appointment begins only when Nonary Nova activates Affiliate’s account. This Agreement continues until terminated under this Section 13.

13.2 Suspension and termination

Nonary Nova may immediately suspend Affiliate’s access, Partner Code, Tracked Link, promotions, commissions, and payout processing if it reasonably suspects fraud, abuse, breach, misleading content, inadequate disclosure, unlawful conduct, customer harm, data or security risk, reputational risk, payment risk, or a platform or regulatory issue. Suspension does not waive any right.

Nonary Nova may terminate this Agreement immediately on written notice if Affiliate materially breaches this Agreement; makes prohibited financial or performance claims; fails to comply with a takedown or correction request; commits fraud or abuse; violates law; harms or is reasonably likely to harm customers, Nonary Nova, or its reputation; or provides materially inaccurate information. Either Party may terminate this Agreement for convenience by providing seven (7) days’ written notice.

13.3 Effect of termination

On suspension or termination, Affiliate must immediately stop holding itself out as an Affiliate, stop all Nonary Nova promotions, stop using the Partner Code and Tracked Link, stop using Company Marks and Approved Materials, remove or disable related content as Nonary Nova requests, and return or securely destroy Confidential Information. Nonary Nova may disable tracking and access immediately.

Any unpaid commission accrued before termination remains subject to validation, refunds, reversals, chargebacks, tax requirements, fraud review, and all offsets. If termination or suspension results from Affiliate breach, deceptive conduct, fraud, or unlawful activity, Nonary Nova may withhold, reverse, offset, or decline unpaid commissions to the extent permitted by law. No commission accrues for payments made after the effective termination date unless Nonary Nova expressly states otherwise in writing.

13.4 Survival

Sections 1.2–1.3, 4–12, 13.3–13.4, and 14–16, together with provisions that by their nature should survive, survive termination.

14. Notices and changes

14.1 Notices

Nonary Nova may give notice by email to Affiliate’s current email in the Partner Dashboard, notice in the Partner Dashboard, or another verified program channel. Affiliate must maintain a current email address and monitor it. Affiliate may give notice to Nonary Nova at support@nonarynova.com, except where Nonary Nova designates a different notice address in the Partner Dashboard.

14.2 Program changes

Nonary Nova may modify program materials, including the program terms, to reflect program, product, pricing, legal, compliance, security, fraud-prevention, or operational changes. For a material prospective change that reduces the commission rate, materially changes eligible products, materially changes the customer offer, or materially changes payout administration, Nonary Nova will provide at least seven (7) days’ notice before the change takes effect where commercially and legally practicable.

Nonary Nova may make a change effective immediately when reasonably necessary to comply with law, prevent fraud or abuse, protect security, correct an error, respond to a platform or payment-provider requirement, or prevent customer or brand harm. Affiliate’s continued use of a Partner Code, Tracked Link, Partner Dashboard, or promotion after an effective change constitutes acceptance of that change. If Affiliate does not accept a change, Affiliate’s sole remedy is to stop promotion and terminate under Section 13.2.

15. Governing law and dispute resolution

This Agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles. Before starting a formal proceeding, the Party asserting a dispute must send written notice describing the dispute and allow thirty (30) days for good-faith informal resolution.

Except for a claim for temporary, preliminary, or permanent injunctive or equitable relief concerning misuse of Company Marks, Confidential Information, intellectual property, security, or unauthorized promotion, any dispute arising out of or relating to this Agreement or the program will be resolved by binding individual arbitration in Boston, Massachusetts, before one arbitrator under the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrator may award individual relief available at law or equity but may not consolidate claims or preside over a class, collective, representative, or private-attorney-general proceeding to the extent permitted by law. Judgment on the award may be entered in a court of competent jurisdiction. Either Party may bring a qualifying individual claim in small-claims court.

16. General terms

Affiliate may not assign, delegate, sell, transfer, pledge, or sublicense this Agreement, its account, a Partner Code, a Tracked Link, or a commission right without Nonary Nova’s prior written consent. Nonary Nova may assign this Agreement in connection with a reorganization, merger, acquisition, financing, sale of assets, or transfer of the program.

No waiver is effective unless in writing and signed by the waiving Party. A failure to enforce a provision is not a waiver of later enforcement. If a provision is held unenforceable, the remainder remains in effect and the provision will be enforced to the maximum extent lawful. Headings are for convenience only. “Including” means “including without limitation.”

This Agreement is the entire agreement between the Parties concerning the program and supersede prior discussions or representations concerning it. In a conflict between this Agreement, this Agreement controls unless both Parties execute a written amendment that expressly changes the provision.

The Parties agree that this Agreement may be executed and accepted electronically, including by checked box, click acceptance, electronic signature, or another reliable electronic record. Electronic copies and signatures are effective to the same extent as original signatures.