Partner Program Terms — Clickwrap. Terms and conditions governing participation in AFTRDRK's Referral Partner Program via PartnerStack.
About AFTRDRK
AFTRDRK was founded on a single, unforgiving truth: the most devastating cyberattacks begin in darkness — in hidden venues where threats evolve undetected, long before defenses ever react. AFTRDRK closes the gap: seeing attacks coming before they land, and giving organizations a clear, defensible picture of who's behind them.
AFTRDRK Partner Program Terms
These Partner Program Terms ("Terms") govern your participation in AFTRDRK's Referral Partner Program (the "Program"), operated through PartnerStack (the "Partner Platform"). By applying to, enrolling in, or participating in the Program — including by clicking "I Agree" or otherwise indicating acceptance through the Partner Platform — you ("Partner," "you," or "your") agree to be bound by these Terms.
We may update these Terms from time to time, including by replacing them in their entirety. We will notify you of material changes through the Partner Platform or by email. Continued participation in the Program after such notice constitutes acceptance of the updated Terms; if you do not agree, your remedy is to terminate as described in Section 15.
1. Definitions
- "Partner Link" means the unique referral link, code, or tracking mechanism assigned to you by AFTRDRK through the Partner Platform.
- "Lead" means a prospective customer referred through your Partner Link.
- "Qualified Referral" means a Lead who completes a paid subscription checkout for DRK Web Surveillance through AFTRDRK's website, where that purchase is attributed to Partner's Partner Link by the Partner Platform. Consistent with AFTRDRK's Terms of Service, such purchases are completed via click-wrap acceptance on AFTRDRK's website and billed automatically at signup or upon expiration of a free trial — no signed Order Form is required for a referral to qualify.
- "Renewal Transaction" means each subsequent renewal payment made by a Qualified Referral for the same AFTRDRK subscription during the life of that subscription.
- "Commission" means the compensation payable to Partner on a Qualified Referral and on each subsequent Renewal Transaction, calculated and paid per the rates, timing, and conditions set forth in the Program Policies.
- "Program Policies" means the then-current commission rates, payment timing, lead validity windows, and related operational terms made available to you through the Partner Platform, as updated from time to time and incorporated into these Terms by reference.
2. Non-Exclusivity and No Authority
This Agreement is non-exclusive. AFTRDRK may accept referrals from multiple partners, run multiple partner programs, and sell directly to any customer at its sole discretion. Partner has no territory rights, no protected accounts, and no exclusive relationship with any referred customer.
Partner has no authority to sell, resell, negotiate terms, manage accounts, or act as an agent on behalf of AFTRDRK, and shall not make any commitment, representation, or warranty on AFTRDRK's behalf except as expressly authorized in AFTRDRK-provided marketing materials ("Company Materials").
3. Enrollment and Acceptance
Upon submitting an application to participate in the Program, AFTRDRK will review and notify you of acceptance or rejection. AFTRDRK may request additional information or require completion of certification before accepting an application. If AFTRDRK does not notify you of acceptance within thirty (30) days of application, the application is deemed rejected.
If accepted, these Terms apply in full force until terminated as set forth in Section 15. You must comply with these Terms and the Program Policies at all times, and complete any enrollment requirements within thirty (30) days of acceptance or this Agreement terminates automatically.
4. Referrals and Qualification
Leads must be generated through the Partner Link made available to you. A Lead is not valid if, in AFTRDRK's reasonable determination, it is an existing AFTRDRK customer, is already involved in AFTRDRK's active sales process, or its first engagement with the Partner Link occurs after this Agreement has expired or terminated. Lead validity windows are set forth in the Program Policies.
AFTRDRK may decline to accept any Lead in its reasonable discretion, and may engage directly with any Lead — valid or not — at its sole discretion.
Commission is payable on each Qualified Referral, at the rate and timing set forth in the Program Policies. Partner is additionally entitled to recurring Commission on each subsequent Renewal Transaction made by that same Qualified Referral for the life of the subscription, at the rate set forth in the Program Policies, provided Partner remains eligible to receive Commission under Section 5 at the time of each such renewal. AFTRDRK may discontinue recurring Commission with respect to a Qualified Referral if Partner ceases to be eligible under Section 5, or if the underlying transaction is forfeited under that Section.
Commission does not apply to: taxes; one-time fees; other offered services except as otherwise expressly set forth in the Program Policies.
5. Eligibility, Fraud Prevention, and Forfeiture
You are not eligible for Commission if: (a) such compensation is disallowed or limited by applicable law; (b) the referred customer objects to or excludes such compensation; (c) the customer has paid or will pay a referral fee directly to you; (d) the Commission was obtained through fraudulent means, misuse of the Partner Link, or violation of the Program Policies; or (e) the customer participates in another AFTRDRK partner program.
If AFTRDRK determines, before or after payment, that a Commission was obtained through fraudulent means or in violation of this Agreement, AFTRDRK may withhold or deduct the amount from future payments owed to you, or invoice you directly for repayment.
You must not: engage in cookie-stuffing, false or misleading links, or pop-ups; attempt to mask referring URL information; use your own Partner Link to purchase AFTRDRK products for yourself; or generate Leads through purchased contact lists, fake redirects, hidden frames, automation tools, or incentivized signups.
6. Partner Obligations and Representations
Partner agrees to:
- Refer customers in a professional and ethical manner, using commercially reasonable efforts to promote AFTRDRK favorably.
- Not make any false, misleading, or unauthorized statements about the Services, pricing, features, or outcomes.
- Comply with all applicable laws, including anti-spam, data protection, and sanctions regulations (see Section 12).
- Not engage in high-pressure, deceptive, or unethical referral practices.
- Not represent, warrant, or imply, in any marketing, sales, or promotional activity, that the Services guarantee the prevention, detection, or remediation of any cybersecurity incident, data breach, or regulatory compliance failure.
- Not be a competitor of AFTRDRK.
- Accurately disclose to AFTRDRK all websites, domains, or channels through which you generate Leads.
- Clearly disclose your Partner relationship with AFTRDRK to any Lead or customer where required by applicable law or platform policy — this disclosure obligation is solely yours, and you shall indemnify AFTRDRK against any liability arising from your failure to disclose it.
7. License to Partner Link and Marks
Subject to your compliance with these Terms, AFTRDRK grants you a revocable, non-transferable, non-exclusive license during the term to market and display the Partner Link in a manner consistent with AFTRDRK's trademark policies. No right to sublicense, resell, or otherwise distribute the Partner Link or AFTRDRK materials to third parties is granted.
You must: only use AFTRDRK trademark images provided to you, without alteration; use them only in connection with the Program; and immediately discontinue use upon request. You must not: use AFTRDRK's trademarks in a misleading or disparaging way, or in a way implying AFTRDRK endorses your own products or services.
You grant AFTRDRK a non-exclusive, non-transferable, royalty-free right to use and display your name, logo, and marks in connection with the Program.
8. Quality Control and Authorized Representations
Any use of the Services, AFTRDRK's marks, or AFTRDRK marketing materials must conform to AFTRDRK's standards, and shall not be sold, distributed, or disclosed unless approved by AFTRDRK. This Section constitutes a material term of this Agreement. Except as expressly authorized in Company Materials, Partner shall not make any representation or warranty to any Lead or third party regarding AFTRDRK or the Services, and is solely responsible for any unauthorized or inconsistent representations it makes.
9. Customer Agreements and Flow-Down
Partner shall ensure that every referred customer accepts AFTRDRK's current Terms of Service (available at aftrdrk.com/terms) prior to receiving access to the Services. Partner may not offer or agree to any terms with referred customers that are inconsistent with, or less protective than, AFTRDRK's Terms of Service, and shall not modify, amend, or supplement AFTRDRK's Terms of Service in any way.
10. Intellectual Property
All intellectual property rights in the Services, AFTRDRK's trademarks, and AFTRDRK's marketing materials remain exclusively with AFTRDRK. No license to any AFTRDRK software or technology is granted by this Agreement. Partner will not attack, question, or contest AFTRDRK's ownership of its intellectual property, during the term or thereafter, and shall not remove or alter any AFTRDRK copyright or proprietary notice.
11. Confidentiality
"Confidential Information" means all non-public information disclosed by either party to the other, whether written, oral, or in any other form, relating to a party's business, customers, financials, pricing, technology, or operations. Each party shall protect the other's Confidential Information with at least the same degree of care it uses for its own confidential information, and shall use it solely in connection with the Program.
During the term and for one (1) year after termination, Partner shall not solicit any customer referred under this Agreement to switch to a competitor or cease using AFTRDRK Services.
12. Data Protection
To the extent Partner collects, transmits, or otherwise processes personal data of Leads or referred customers in connection with this Agreement, Partner shall: (a) comply with all applicable data protection and privacy laws, including as applicable the GDPR, UK GDPR, and California Consumer Privacy Act; (b) only collect and transmit such personal data where it has a lawful basis and has given appropriate notice to the individual; (c) not transmit to AFTRDRK any personal data obtained through prohibited means under Section 5; and (d) maintain reasonable administrative, technical, and physical safeguards to protect the Partner Link, Partner Platform credentials, and AFTRDRK's marks or marketing materials from unauthorized use. AFTRDRK will process any personal data received from Partner in accordance with AFTRDRK's privacy policy.
13. Compliance with Applicable Laws; Sanctions
Partner shall comply, and shall ensure any third parties performing referral activities on its behalf comply, with all applicable laws and regulations, including export control, data protection, and anti-spam laws. Partner shall not engage in deceptive, misleading, illegal, or unethical marketing activities.
Partner represents, warrants, and covenants that: (a) neither Partner nor any of its referred customers is a sanctioned person or entity under U.S. sanctions laws (including OFAC); and (b) Partner's participation in the Program will not cause AFTRDRK to violate any sanctions or export control laws. Partner will not directly or indirectly export, re-export, or transfer AFTRDRK's Services to prohibited countries or individuals.
14. Warranties and Disclaimers
Partner warrants that it will comply with all applicable laws and will not engage in any deceptive or unethical referral practices.
THE SERVICES ARE PROVIDED "AS IS." AFTRDRK MAKES NO WARRANTIES TO PARTNER BEYOND THOSE EXPRESSLY STATED IN AFTRDRK'S TERMS OF SERVICE.
15. Indemnification
Partner will indemnify, defend, and hold harmless AFTRDRK, its officers, directors, employees, agents, and contractors from any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from: Partner's referral activities or representations to customers; AFTRDRK's use of Lead data Partner provides; any breach of this Agreement; any misleading or unauthorized statements made by Partner; or any violation of applicable law by Partner.
AFTRDRK will notify Partner in writing within thirty (30) days of becoming aware of an indemnifiable claim, give Partner control of its defense or settlement, and provide reasonably requested cooperation at Partner's expense. Partner shall not accept any settlement that imposes an obligation on AFTRDRK, requires an admission by AFTRDRK, or imposes liability not covered by this indemnification without AFTRDRK's prior written consent.
16. Term and Termination
- Initial term: one (1) year, automatically renewing unless terminated with thirty (30) days' written notice by either party.
- Either party may terminate immediately for material breach or reputational risk.
- Upon termination, Partner's right to make referrals and earn future Commission ends immediately. Commission on previously Qualified Referrals that remain active continues to be paid per the Program Policies, except that Commission terminates immediately, regardless of prior eligibility, if termination is by Partner without cause or by AFTRDRK for cause.
- Upon termination, Partner must immediately cease all use of AFTRDRK's trademarks and references to the Program, and delete any Partner Platform access.
Sections 9, 10, 11, 12, 15, 16, 17, and 18 survive termination of this Agreement.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AFTRDRK's total aggregate liability to Partner under this Agreement shall not exceed the total Commission paid or owed to Partner in the twelve (12) months preceding the claim. This limitation applies even in cases of negligence, to the extent permitted by law, and is an essential element of the bargain between the parties. This limitation does not apply to AFTRDRK's indemnification obligations, or to any breach of confidentiality or intellectual property provisions.
18. Governing Law
This Agreement shall be governed by the laws of the State of Delaware, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in Wilmington, Delaware.
19. General
- This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements regarding the Program.
- Partner is an independent contractor; no partnership, joint venture, employment, or agency relationship is created.
- AFTRDRK may assign this Agreement without Partner's consent, including in connection with a merger, acquisition, or sale of assets. Partner may not assign this Agreement without AFTRDRK's prior written consent.
- Nothing in this Agreement confers any right or benefit on any person other than the parties.
- If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
- Neither party is liable for delay or failure to perform due to causes beyond its reasonable control, including acts of God, war, or infrastructure outages.
- Notices will be sent electronically via the Partner Platform or to the email address on file, and are deemed delivered upon actual receipt.
- During the term and for twelve (12) months thereafter, neither party shall directly solicit for employment any employee of the other party with whom it had material contact in connection with this Agreement, provided this does not restrict general solicitations not specifically targeted at such employees, or hiring in response to a general solicitation.
Acceptance
By clicking "I Agree," enrolling in, or otherwise participating in the Program through the Partner Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.