These AppLovin Affiliate Program Terms and Conditions (the “Terms and Conditions” or “Agreement”) incorporate by reference the AppLovin Affiliate Program Privacy Notice, the AppLovin Terms of Use Agreement, and the AppLovin Privacy Policy and govern your participation in the AppLovin Affiliate Program (the “Program”) operated by AppLovin Corporation (“AppLovin”, “we” or “us”). By submitting an application to participate in the Program, by clicking “I Agree” (or any similar acceptance mechanism), or by participating in any Program activities, you (“Affiliate” or “you”) agree to be bound by these Terms and Conditions.
Capitalized terms not defined here have the meaning given in the AppLovin Terms. If there is a conflict between these Terms and Conditions and the AppLovin Terms, these Terms and Conditions control for purposes of the Program.
Failure to comply with any provision of these Terms and Conditions may result, in AppLovin’s sole discretion, in suspension or termination of your participation in the Program and forfeiture of any unpaid Referral Payments. AppLovin may update these Terms and Conditions from time to time by posting the revised Terms and Conditions. If a significant change is made, we will provide reasonable notice by email or posting a notice to the Affiliate Program website. Continued participation after the effective date of any update constitutes acceptance. If you do not agree to the updated Terms and Conditions, stop participating in the Program immediately.
1. Definitions
“Affiliate Account” means the account AppLovin issues to you upon approval of your application, through which you receive your Referral Code, tracking, and reporting access.
“Axon” means AppLovin’s Axon advertising platform and any related products, features, or services AppLovin makes available to Customers.
“Customer” means a merchant, brand, business, or retail customer that uses Axon to advertise and/or sell products or services.
“Qualifying Customer” means a Customer that: (i) sets up an account on AppLovin’s systems identifying you as their referral source via your Referral Code; (ii) agrees to AppLovin’s applicable terms of use, privacy policy, and data sharing agreements; (iii) creates and configures at least one ad campaign on Axon; and (iv) effectively implements AppLovin’s designated software (including, without limitation, AppLovin’s pixel and tracking scripts, and enables all AppLovin-required features and functionalities) to AppLovin’s reasonable satisfaction.
“Qualifying Revenue” means the aggregate amount of ad spend received by AppLovin from a Qualifying Customer for use of Axon (excluding any credits, Taxes, chargebacks, or refunds given to the Qualifying Customer), which shall only be calculated for the twelve (12) months after the date such Qualifying Customer created an Axon account (or, through the last day of the Term, whichever is shorter).
“Referral Code” means the unique tracking code, link, or identifier AppLovin issues to you for use in referring Customers to Axon.
“Taxes” has the meaning given in Section 6.
“Term” has the meaning given in Section 8.
2. Eligibility, Application, and Account
2.1 Eligibility. To participate in the Program you must: (i) if an individual, be at least 18 years of age (or the age of majority in the jurisdiction where you reside and from where you carry out Affiliate activities, whichever is older); (ii) if applying on behalf of an entity, be authorized to bind that entity to these Terms and Conditions; (iii) not be located in, or a national or resident of, any country subject to U.S. embargo or comprehensive sanctions, or otherwise be a restricted party under applicable export control or sanctions laws; and (iv) participate solely for purposes of carrying on a business activity, not for any personal, household, or family purpose.
2.2 Application and Approval. To become an Affiliate, you must submit an application via the form designated by AppLovin and provide all information indicated as required. After AppLovin receives your application, AppLovin will review it and notify you of your approval or rejection. AppLovin reserves the right to accept or reject any application for any reason, in its sole discretion.
2.3 Affiliate Account. Upon approval, AppLovin will issue you an Affiliate Account with a Referral Code. You are responsible for maintaining the confidentiality and security of your Affiliate Account credentials and Referral Code, and for all activity under your account. You will promptly notify AppLovin of any unauthorized use.
2.4 No Exclusivity. These Terms and Conditions are non-exclusive. AppLovin may engage other affiliates, channel partners, or marketing providers, and may directly market Axon, without restriction or compensation to you.
3. Marketing Activities and Obligations
3.1 Permitted Marketing Activities. During the Term and in accordance with these Terms and Conditions and AppLovin’s branding or content guidelines, you will, following approval by AppLovin (email is acceptable), market and promote Axon to Customers and use best efforts to encourage Customers to sign up for Axon using your Referral Code. You will bear all costs and expenses associated with your marketing activities.
3.2 FTC and Other Disclosure Obligations. The Federal Trade Commission of the U.S. (“FTC”) and analogous laws in other jurisdictions have guidelines for governing endorsements and testimonials (the “Rules”), which are aimed at increasing transparency between endorsers and consumers. As a member of the Program with AppLovin, you may receive compensation for referring Qualifying Customers to Axon. You acknowledge that your participation in the Program creates a “material connection” between you and AppLovin under the Rules, which creates an obligation for you to provide disclosure to consumers. You will clearly and conspicuously disclose this material connection on all marketing materials referencing Axon (e.g., podcasts, social media posts, newsletters, and other media containing your Referral Code). Acceptable disclosures include, by way of example, “Sponsored by AppLovin”, “I am an AppLovin Affiliate”, “I get paid for referrals”, “Ad”, or “Sponsored”. In addition, you will not engage in any misleading or deceptive advertising regarding AppLovin, Axon, or the Program. For further information, please refer to the statement released by the FTC regarding these guidelines.
3.3 Trademark License. During the Term, AppLovin grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free license (with no right to sublicense) to use AppLovin’s trade names, trademarks, service marks, logos, domain names, marks, and other business identifiers (each, an “AppLovin Mark”): (a) solely on materials promoting Axon; (b) solely as necessary to perform your obligations under this Agreement; and (c) only in strict compliance with any AppLovin branding guidelines. If requested, you must submit a sample of proposed use of an AppLovin Mark in the manner permitted herein to AppLovin for AppLovin’s prior written approval. As between the Parties, AppLovin retains all intellectual property rights in and to the AppLovin Marks. You acknowledge that this Agreement grants no ownership rights therein, and that any goodwill arising from your use of the AppLovin Marks inures to AppLovin’s benefit. You will not challenge, apply for, or use any confusingly similar trademarks now or in the future.
3.4 Compliance with Laws. You will comply with all applicable laws, rules, regulations, and self-regulatory guidelines in connection with your participation in the Program, including those relating to advertising, endorsements, email marketing and anti-spam, consumer protection, intellectual property, export controls, and sanctions. You represent and warrant that any processing or sharing of personal data in connection with the Program will fully comply with all applicable data protection and privacy laws. You will obtain any licenses, permits, or registrations required to operate your business and conduct marketing activities under these Terms and Conditions.
3.5 Prohibited Activities. You will not, and will not permit any third party to: (i) make any false, misleading, or disparaging representations about AppLovin, Axon, or any AppLovin product, service, or affiliate; (ii) use spyware, malware, adware, or any other aggressive or low-quality marketing methods; (iii) send unsolicited commercial communications referencing AppLovin or Axon; (iv) bid on AppLovin’s trademarks (or close variants) in paid search or other paid placements; (v) impersonate AppLovin, copy or mirror the look and feel of AppLovin’s websites or marketing materials, or otherwise misrepresent your relationship with AppLovin; (vi) generate referrals through automated means, fraudulent traffic, incentivized clicks, or any other manipulation; (vii) use the Referral Code in connection with content that is sexually explicit, promotes violence, discrimination, or illegal activity, or that infringes any third-party rights; or (viii) take any other action that could reasonably damage AppLovin’s reputation or the goodwill of the AppLovin Marks.
3.6 No Customer Incentives or Fees. You may not offer any discounts, rebates, credits, kickbacks, or other incentives to any Customer or prospective Customer in connection with Axon, and you may not charge any introduction fee or other fee to any Customer in connection with the Program. Any negotiated arrangement you have with a Customer must not deviate from, or contradict, these Terms and Conditions or the AppLovin Terms.
3.7 Third-Party Platform Compliance. If you conduct any marketing activities on or through a third-party platform, network, or service (e.g., social media platforms, advertising networks, content distribution services), you will comply with all applicable terms of service, community standards, and advertising and data-use policies of that platform, and will promptly notify AppLovin of any actual or threatened claim, enforcement action, or dispute by such platform arising from or related to your participation in the Program.
3.8 AppLovin’s Sole Discretion. You acknowledge that: (i) AppLovin has no obligation to enter into any agreement with any Customer, or to provide Axon to any Customer; (ii) AppLovin may decline, suspend, or terminate any Customer at any time for any reason; and (iii) AppLovin has no obligation to compensate you for any commercial transaction with a Customer that AppLovin does not accept in writing.
4. Referral Payments
4.1 Referral Payment. Subject to your compliance with these Terms and Conditions, AppLovin will pay you a referral payment equal to three percent (3%) of Qualifying Revenue (each, a “Referral Payment”) generated by each of your Qualifying Customers during the applicable measurement period defined in the Qualifying Revenue definition.
4.2 Cap. Notwithstanding anything to the contrary, the aggregate Referral Payments payable to you under this Agreement will not exceed five million U.S. dollars (US$5,000,000) in total throughout the Term.
4.3 Payment Mechanics. Within forty-five (45) days following the end of each calendar month during the Term, AppLovin will pay you the Referral Payments earned during that calendar month through the payment method designated by AppLovin. AppLovin will provide you with access to an online reporting system; AppLovin’s calculations of Qualifying Revenue and Referral Payments will be deemed final and binding thirty (30) days after the end of each calendar month, absent manifest error. All payments under these Terms will be made in U.S. dollars. The minimum payout threshold is $1000, which may be updated by AppLovin from time to time; and any unpaid amount below that threshold will be rolled out to the next payment cycle. If your agreement with us terminates and your account balance with us has less than $1000, no amounts will be due or owing to you.
4.4 Payment Information; Tax Forms. You will provide AppLovin (and any payment processor AppLovin designates) with accurate and complete payment, identity, and tax information, including any tax forms AppLovin reasonably requests (e.g., IRS Form W-9 or W-8 series), as part of the onboarding process and thereafter upon request. AppLovin may withhold or delay payment until you provide all required information and may withhold from any payment any amounts AppLovin is legally required to withhold.
4.5 Exclusions. Notwithstanding anything to the contrary, AppLovin will not be obligated to pay any Referral Payment, and may withhold or reverse any payment, in respect of: (i) any Customer that does not qualify as a Qualifying Customer; (ii) refunded, credited, charged-back, or otherwise reversed amounts; (iii) amounts attributable to fraudulent, invalid, or incentivized traffic, or to any breach of these Terms and Conditions; (iv) any Customer that is created or owned, in whole or in part, by you, your affiliates, or any of your or their employees, officers, or directors; (v) any Customer to whom you are providing services as an employee, contractor, or agent; (vi) any Customer that AppLovin (or any of its affiliates) was already in active discussions with, or had an existing relationship with, prior to your referral, as determined by AppLovin in its reasonable discretion; or (vii) any Customer referred while your participation in the Program is suspended or terminated.
4.6 Right to Reclaim. If any Referral Payment is later determined to fall within an exclusion in Section 4.5 or to have been paid in error, AppLovin may, in its sole discretion, (i) reclaim such amount from you, or (ii) offset such amount against future Referral Payments. If this Agreement terminates before AppLovin has fully recovered such amount, you will pay the remaining balance within thirty (30) days of termination.
4.7 Modification of Rates and Terms. AppLovin may modify the Referral Payment rate, caps on payments, payment cadence, exclusions, or other commercial terms of the Program at any time on reasonable advance notice (which may be provided by email, by posting through the Affiliate Account dashboard, or by issuing updated Terms and Conditions). Modifications apply prospectively to Referral Payments earned after the effective date of the modification.
5. Promotions and Bonuses
AppLovin may, in its sole discretion, offer additional promotions, bonuses, contests, or incentives in connection with the Program (each, a “Promotion”). Each Promotion is subject to its own terms and is offered separately from, and does not modify, these Terms and Conditions. AppLovin may add, change, or discontinue any Promotion at any time without notice.
6. Taxes
You are solely responsible for all applicable taxes or charges in connection with this Agreement, including any applicable direct or indirect federal, state, local, or foreign taxes, levies (including any equalization levy), duties, or similar governmental assessments of any nature, arising from your participation in the Program or your receipt of Referral Payments, including any value added (VAT), goods and services (GST), excise, sales, use, consumption, withholding, or income taxes that Customer or AppLovin is legally obligated to charge or withhold (“Taxes”). Referral Payments are inclusive of, and AppLovin will not gross up for, any Taxes you owe. AppLovin may withhold or deduct any Taxes it is legally required to withhold or deduct, and you will provide any documentation reasonably required for AppLovin to claim a reduced rate of withholding.
7. Confidentiality
“Confidential Information” means any non-public information disclosed by AppLovin to you in connection with the Program, including Customer identities, performance data, Referral Payment calculations, branding guidelines, product roadmaps, and any other information marked or that should reasonably be understood as confidential. For the avoidance of doubt, as between AppLovin and Affiliate, you will use Confidential Information solely to perform under these Terms and Conditions, will not disclose it to any third party without AppLovin’s prior written consent, and will protect it using at least the same degree of care you use to protect your own confidential information (and no less than reasonable care).
8. Term and Termination
8.1 Term. These Terms and Conditions commence on the date AppLovin approves your application and continue until terminated as set forth below (the “Term”).
8.2 Termination for Convenience. Either party may terminate these Terms and Conditions (and your participation in the Program) at any time, with or without cause, effective immediately upon notice to the other party. AppLovin’s notice may be given by email to the address associated with your Affiliate Account or by posting in your Affiliate Account dashboard.
8.3 Termination for Breach; Suspension. AppLovin may immediately suspend or terminate your participation in the Program entirely without notice or recourse, withhold any unpaid Referral Payments, and reclaim any previously paid Referral Payments if AppLovin determines, in its sole discretion, that you have breached these Terms and Conditions or engaged in any fraudulent, deceptive, unlawful, or other unacceptable conduct.
8.4 Effect of Termination. Upon termination, (i) your Referral Code and access to the Affiliate Account dashboard will be deactivated; (ii) you will immediately cease use of the AppLovin Marks and remove all references to AppLovin and Axon from your marketing materials; and (iii) all rights granted to you under this Agreement will immediately cease, including but not limited to your right to access the Affiliate Account, or to receive any Referral Payments under this Agreement, unless otherwise determined by AppLovin in its sole discretion.
8.5 Survival. Any provisions of this Agreement that by their nature are intended to survive termination, including without limitation provisions relating to payment obligations, intellectual property, disclaimers, limitations of liability, indemnification, confidentiality, will survive termination.
9. Indemnification
You will indemnify, defend, and hold harmless AppLovin, its officers, managers, directors, employees, affiliates, and subsidiaries, and each of their respective legal representatives, successors, and assigns, from and against any and all third-party claims, demands, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your performance of, or failure to perform, your obligations under these Terms and Conditions; (ii) your marketing activities, including any disclosure, statement, or content you publish in connection with the Program; (iii) any breach by you of these Terms and Conditions or any representation or warranty made by you under these Terms and Conditions; (iv) any Taxes for which you are responsible; or (v) any payments received by you under these Terms and Conditions.
10. Disclaimers; Limitation of Liability
THE PROGRAM, THE AFFILIATE ACCOUNT, AND ANY MATERIALS PROVIDED BY APPLOVIN ARE PROVIDED “AS-IS” AND “AS-AVAILABLE,” AND APPLOVIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE EXISTENCE, AMOUNT, OR LEVEL OF REFERRAL PAYMENTS YOU MAY EARN.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL APPLOVIN OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PROGRAM. APPLOVIN’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AGGREGATE REFERRAL PAYMENTS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11. Relationship of the Parties
You will indemnify, defend, and hold harmless AppLovin, its officers, managers, directors, employees, affiliates, and subsidiaries, and each of their respective legal representatives, successors, and assigns, from and against any and all third-party claims, demands, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your performance of, or failure to perform, your obligations under these Terms and Conditions; (ii) your marketing activities, including any disclosure, statement, or content you publish in connection with the Program; (iii) any breach by you of these Terms and Conditions or any representation or warranty made by you under these Terms and Conditions; (iv) any Taxes for which you are responsible; or (v) any payments received by you under these Terms and Conditions.
12. General
12.1 Governing Law; Disputes. These Terms and Conditions are governed by, and disputes will be resolved in accordance with, the governing law and dispute resolution provisions of the AppLovin Terms.
12.2 Assignment. You may not assign or transfer these Terms and Conditions (or any rights or obligations under them) without AppLovin’s prior written consent, and any purported assignment in violation of this section is void. AppLovin may assign these Terms and Conditions without your consent. These Terms and Conditions bind and inure to the benefit of the parties’ permitted successors and assigns.
12.3 Notices. Notices to AppLovin must be sent to the contact AppLovin designates for the Program. Notices to you may be given by email to the address associated with your Affiliate Account or by posting through your Affiliate Account dashboard, and are deemed received when sent or posted.
12.4 Entire Agreement. These Terms and Conditions (together with the AppLovin Terms and any additional terms AppLovin presents to you in connection with the Program) constitute the entire agreement between the parties regarding the Program, and supersede any prior or contemporaneous agreements, communications, or understandings on that subject.
12.5 Severability; No Waiver. If any provision of these Terms and Conditions is held unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified only to the minimum extent necessary to make it enforceable. AppLovin’s failure to enforce any right or provision is not a waiver.
12.6 No Third-Party Beneficiaries. These Terms and Conditions do not confer any rights on any person or entity other than the parties.
12.7 Force Majeure. AppLovin will not be liable for any delay or failure to perform resulting from causes outside its reasonable control.
12.8 Headings. Section headings are for convenience only and do not affect interpretation.