Kite

Kite Customer Referral Program Terms & Conditions

Effective date: January 28, 2026
Last updated: January 28, 2026

These Kite Customer Referral Program Terms & Conditions (“Agreement”) are a legally binding agreement between Kite.video (“Kite,” “we,” “us,” “our”) and you (“Referrer,” “you,” “your”). Contact: support@kite.video

By clicking “get my referral link” (or similarly labeled) in the in‑app “refer a friend” flow, participating in the customer referral program, using the referral dashboard/portal (if any), or sharing/promoting your referral link, you agree to this Agreement.

1. Introduction

This Agreement describes the rules for participating in the Kite customer referral program (the “Program”), including: who can participate, how you may promote Kite, what counts as a valid referral, how rewards are calculated and paid, and when accounts can be suspended or terminated.

1.1 Other referral/rewards programs; affiliate program is separate (important)

This Agreement applies only to the Kite customer referral program described here (the “Customer Referral Program”). Kite may offer other referral, rewards, or incentive programs, including a separate Kite Affiliate Program that requires an application and approval and may have different commission structures and holding periods. Those programs are governed by separate terms and do not apply to this Program. For clarity: receiving or sharing a tracked link through this Customer Referral Program does not make you an “affiliate” under any affiliate terms unless you separately apply to and are accepted into the affiliate program.

This Agreement incorporates (by reference) any Program requirements, policies, brand guidelines, and other rules we make available to you in the Program interface (including the in‑app referral experience) and/or in any referral portal provided through a third‑party platform (currently Dub) (collectively, “Program Guidelines”). If this Agreement conflicts with the Program Guidelines, this Agreement controls, except where this Agreement states that a term is set by the Program Guidelines/portal (including the Reward Schedule, Attribution Window, Holding Period, and any Reward Cap). In those cases, the Program Guidelines/portal control.

If you are accepting this Agreement on behalf of an entity, you represent that you have authority to bind that entity, and “you” includes that entity.

2. Definitions

In this Agreement:

Referrer / You: The individual or entity participating in the Program.
Customer Referral Program / Program: The customer referral program operated by Kite and managed through a third‑party referral/affiliate platform (currently Dub) (the “Platform”).
Program Interface: The in‑app “refer a friend” flow (including any modal) and any Platform portal used to access your referral link(s) and view clicks, referrals, and rewards (if any).
Referral Link: Your unique tracked link provided via the Program Interface/Platform.
Friend / Referred Customer / Customer: A new end user of Kite who clicks your Referral Link and later purchases a paid Kite subscription.
Referral: A potential customer who clicks your Referral Link and later purchases a paid Kite subscription.
Cookie / Attribution Window: The time period after a click during which a purchase can be attributed to you. For Kite, this is 90 days (unless changed in Program Guidelines).
Attribution Model: The rule used to decide which referrer receives credit. For Kite, this is last‑click attribution as determined by the Platform.
Qualified Referral / Qualified Purchase: A Referral that becomes a new paying Kite customer within the Cookie/Attribution Window, is correctly tracked in the Platform, satisfies the eligibility requirements in this Agreement (including Referrer eligibility and self‑referral restrictions), and is not excluded under this Agreement. A Qualified Referral/Qualified Purchase must also meet all of the following: (a) the Customer is a new user to Kite with no prior Kite account at all (including free/trial accounts), (b) the referral is not a self‑referral or other excluded referral (including same household), (c) payment clears and is not refunded/charged back/reversed, and (d) the Customer remains paid through the Holding Period.
Referrer Reward: The cash reward you may earn for a Qualified Referral, as described in Section 5 and the applicable Reward Schedule.
Friend Incentive: The discount or incentive offered to a new Customer who purchases via a Referral Link, as described in Section 5 and the applicable Reward Schedule.
Reward Schedule: The Referrer Reward amount(s), Friend Incentive amount(s), eligible plans/products, and any additional reward conditions applicable to the Program, as shown in the Program Interface and/or Program Guidelines. The Reward Schedule may vary by geography, plan, time period, or other criteria we specify.
Net Revenue: Amount actually received by Kite for a subscription after discounts, credits, refunds, chargebacks, taxes/VAT/sales tax, and similar adjustments.
Holding Period: A delay before rewards are eligible to be paid, used to account for refunds/chargebacks/fraud review. For the Customer Referral Program, this is 60 days (unless changed in Program Guidelines).
Abandoned Referral Account: Any Platform/referral portal account where the Program Interface/portal has not been accessed for 12 months, or has no referrals recorded for 6 months.
Kite Marks: Kite’s trademarks, logos, service marks, trade dress, and brand identifiers.
Kite Content: Any Kite‑provided marketing assets, copy, graphics, screenshots, videos, or other materials we provide to you for the Program (including via the Program Interface).
Referrer Content: Any content you create in connection with your participation in the Program (e.g., posts, tutorials, testimonials, screenshots you captured, landing pages you wrote).
Sales‑Assisted Transaction: Any purchase that is not completed through Kite’s standard self‑serve checkout (for example: invoiced deals, deals closed through a sales representative, or any custom/assisted procurement flow).
Payment Provider: A third‑party payout/identity provider used by the Platform to facilitate payouts (for example, Stripe, and in some countries PayPal, or other providers the Platform may use).
Payout Profile: Your payout setup and verification status within the Platform and/or its Payment Provider(s), including payment method and required identity/tax documentation.
Deactivated (Account/Payout Profile): Any state where your Platform account and/or Payout Profile is suspended, terminated, closed, restricted, blocked, or otherwise not in good standing (including due to KYC/identity verification failure, sanctions screening, fraud review, payment-provider restriction, or failure to complete required onboarding).
Reward Cap: Any maximum limit on rewards (per referral, per period, per account, or otherwise) specified in the Program Guidelines.

3. Participation Requirements and Referrer Obligations

3.1 Eligibility and enrollment (in‑app enrollment)

To be eligible to participate in the Program, you must:

be at least 18 years old (or the age of majority where you live);
be a current paying Kite customer in good standing at the time you enroll and participate;
provide complete and accurate information as reasonably requested for Program administration and payouts; and
agree to this Agreement via the in‑app enrollment flow (e.g., by clicking “get my referral link” or similarly labeled).

No application is required for this Customer Referral Program unless we state otherwise in writing, but we may reject, revoke, or re‑evaluate eligibility at any time in our sole discretion.

Good standing / ongoing eligibility: You must remain a paying Kite customer in good standing to continue participating. If you are no longer a paying Kite customer in good standing, we may deactivate your Referral Link, withhold rewards, and/or terminate your participation (see Sections 5 and 6).

3.2 Authorization to create a Platform referral profile; data sharing consent

By clicking “get my referral link” (or similarly labeled) and participating in the Program, you authorize Kite to create and maintain a referral/partner profile for you on the Platform (currently Dub) and to share with the Platform and its Payment Provider(s) the information reasonably necessary to administer the Program, track referrals, and process payouts (for example: your name, email address, and related identifiers). You acknowledge that the Platform and its Payment Provider(s) may require you to complete additional onboarding (including identity verification/KYC and tax documentation) as a condition of receiving payouts.

3.3 One account

You may create and use only one referral account/profile unless Kite approves otherwise in writing. You may not create multiple accounts to circumvent limits, attribution rules, caps, enforcement actions, or compliance reviews.

3.4 Your role and general obligations

You agree that:

you will promote Kite honestly and not misrepresent features, pricing, discounts, availability, or terms;
you are responsible for keeping any Kite‑related info in your content up to date (e.g., if pricing, plan names, discount rules, or Reward Schedule terms change);
you will use only the Referral Link(s) provided in your Program Interface for tracking;
you will include clear disclosures where required by law or platform rules (e.g., disclosure that you may receive a reward); and
you will comply with this Agreement, the Program Guidelines, the Platform’s rules, and all applicable laws (including advertising, consumer protection, privacy, and anti‑spam rules), whether in effect now or later.

3.5 Monitoring and information requests

We may (but are not obligated to) monitor your websites, content, and marketing channels to confirm compliance. If we reasonably request information to verify compliance (including proof of opt‑in/consent for email marketing, ad screenshots, or traffic sources), you will provide it promptly. Failure to provide requested information may result in withholding rewards and/or suspension or termination.

3.6 No authority; support handoff

You have no authority to:

bind Kite, negotiate on Kite’s behalf, or make promises on Kite’s behalf;
offer “official” support, refunds, or special pricing; or
represent that you can approve exceptions to Kite policies.

If you are contacted by a customer or prospective customer for support or billing issues, you must direct them to support@kite.video (or Kite’s then‑current support channels).

4. Policies and Prohibited Activities

4.1 Prohibited content association

By participating in the Program, you agree your website(s), social profile(s), and promotional channels will not contain or promote:

illegal content or services;
content that infringes copyright, trademark, or other intellectual property rights;
adult/explicit sexual content;
violent content (or content primarily glorifying violence);
defamatory, harassing, hateful, or discriminatory content; or
malware, spyware, deceptive downloads, or other harmful code.

You also may not use the Referral Link in connection with content that is disparaging or defamatory about Kite.

4.2 Prohibited promotional methods

You may not:

impersonate Kite or present yourself as “official Kite”;
misrepresent your relationship with Kite (including implying employment, partnership, or endorsement beyond being a customer referrer);
use deceptive tactics to trigger tracking (including cookie stuffing, forced clicks, invisible iframes, misleading redirects, or “click to reveal discount” tricks);
use bots/automation to generate clicks, trials, signups, or purchases;
spam (unsolicited bulk email, unsolicited DMs, or any outreach that violates law or platform policies);
use your Referral Link on properties or in content that you do not own or control;
interfere with or restrict a user’s ability to access Kite except through your Referral Link (for example: forcing the Link to be the only access path); or
attempt to gain unauthorized access to Kite systems, accounts, or networks.

4.3 Paid advertising (default: not allowed)

Paid advertising is not permitted without Kite’s prior written approval. This includes (without limitation) PPC/search ads, paid social ads, display ads, retargeting, and sponsored placements. If Kite approves paid advertising for you in writing, the approval may include additional constraints (channels, landing pages, creative, targeting, etc.) and can be revoked at any time.

4.4 Brand keyword bidding (never allowed)

Even if you are approved for paid advertising, brand keyword bidding is not allowed, including bidding on Kite’s name, domain, trademarks, misspellings, and close variants (e.g., “Kite”, “kite.video”, “Kite discount/coupon/promo”). You also may not use Kite Marks (or confusingly similar terms) in display URLs or ad identities in a way that suggests you are Kite.

4.5 Coupon / deal / cashback sites

We do not allow coupon, deal, or cashback sites in the Program unless Kite explicitly approves you in writing. You may not:

publish fake, expired, or unapproved coupon codes;
claim discounts that Kite does not offer; or
represent “best price guaranteed” or similar statements unless Kite has explicitly authorized it.

4.6 Domains, handles, and “lookalike” properties

You may not:

register, purchase, lease, or use any domain name, subdomain, social media handle, app name, or email address that includes Kite, kite.video, Kite Marks, misspellings, or confusingly similar variants;
engage in typosquatting; or
create or repurpose a site, landing page, or account that imitates Kite’s official site “look and feel” or otherwise misleads users into believing it is an official Kite property.

4.7 Email marketing requirements (opt‑in + proof)

If you promote Kite via email, you must comply with all applicable email laws and policies (including CAN‑SPAM and similar laws), and you specifically agree that:

you will only email recipients who have validly opted in or otherwise can be contacted under applicable law;
you will maintain and verify opt‑in/consent records for recipients;
you will provide evidence of consent (including recipient lists and opt‑in records) to Kite upon request;
each email must include clear unsubscribe instructions and you must honor unsubscribe requests promptly; and
you may not use “Kite”, “kite.video”, or any Kite Marks (or typos) in the “From” line in a way that suggests the email is sent by Kite. Your email must clearly identify you as the sender.

4.8 Takedown / removal on request (24 hours)

If Kite requests that you remove or update a Referral Link, claim, creative, or placement, you must comply within 24 hours. Failure to comply may result in suspension or termination and forfeiture of unpaid rewards.

4.9 Self‑referrals

Self‑referrals are forbidden. You may not refer:

yourself;
your immediate family/household; or
your employer (when done primarily to capture rewards).

No rewards will be paid on self-referrals.

4.10 Good faith

You agree to act in Kite’s interest and in compliance with all relevant and applicable regulations and reasonable ethical standards.

5. Rewards and Payments

5.1 Reward terms (Referrer Reward + Friend Incentive)

Referrer Reward: As of the Effective Date, Referrers may earn $20 USD per Qualified Referral (one‑time per Qualified Referral, not ongoing).

Friend Incentive: As of the Effective Date, the referred Customer receives 10% off their first month. For clarity, “first month” means the first invoice only for the Customer’s first paid Kite subscription, and the Friend Incentive is non‑stackable with other discounts/promo codes unless Kite explicitly states otherwise in the Program Interface/Program Guidelines.

Reward amounts, incentive amounts, eligible plans/products, and all other Reward Schedule terms may be changed, suspended, or discontinued at any time, effective upon posting in the Program Interface/Program Guidelines (or other written notice). Changes may apply to future referrals and/or future Customer purchases, but will not retroactively reduce rewards already earned for Qualified Referrals that have completed the Holding Period and been approved for payout.

5.2 Attribution rules and referral eligibility (important exclusions)

A purchase is a Qualified Purchase only if:

the Customer clicks your Referral Link; and
the Customer purchases a paid Kite subscription within 90 days of that click; and
your link receives last‑click credit under the Platform’s attribution rules; and
the transaction is correctly tracked and is not excluded under this Agreement; and
you are a current paying Kite customer in good standing at the time of the referred purchase and remain in good standing through payout eligibility (including the Holding Period).

You are not eligible for a Referrer Reward if:

the Customer does not complete a purchase after clicking your Referral Link (even if they later purchase directly, through another link, or on another device/browser not attributed to you);
the purchase is a Sales‑Assisted Transaction;
at or prior to the click, the Customer has any prior Kite account (free, trial, or paid), or is already actively engaged in a Kite sales or procurement process;
the Referral Link is used after your participation has terminated or your account/link is deactivated;
you are no longer a paying Kite customer in good standing at the time of the referred purchase, during the Holding Period, or at payout processing;
the transaction is refunded, charged back, reversed, credited, deemed irregular/high‑risk, or otherwise not retained as Net Revenue; or
the transaction violates this Agreement, Program Guidelines, Platform rules, or applicable law.

Platform records + Kite determination. Kite is not responsible for you or a Customer incorrectly using Referral Links (even if it reduces rewards). If multiple parties claim credit for a referral, Kite has full discretion to determine the credited referrer based on Kite and/or Platform systems and records.

5.3 Payout eligibility requirements (conditions precedent)

Even if a reward appears in the Platform/Program Interface, Kite has no obligation to pay any reward unless all of the following are satisfied at the time of payout processing:

you have accepted and are in compliance with this Agreement, the Program Guidelines, and the Platform’s applicable terms;
you have completed all steps necessary to create and maintain your Platform account/profile (including any onboarding steps Kite or the Platform requires);
you have completed payout onboarding and maintain a valid, up‑to‑date Payout Profile (including a valid payment method);
you have completed all required tax documentation and any required identity verification/KYC requested by Kite, the Platform, or any Payment Provider; and
your Platform account and Payout Profile are not Deactivated.

Deactivation rule: If your Platform account or Payout Profile is Deactivated prior to payout (including due to KYC failure or Payment Provider restrictions), you are not eligible to receive the payout, even if other requirements were met.

If a payout cannot be completed due to missing/failed onboarding, tax/KYC issues, or Deactivation, Kite may hold the amounts for a reasonable period and may void them if not resolved within a reasonable time.

5.4 Holding period

All rewards are subject to a 60‑day Holding Period before becoming eligible for payout.

5.5 Refunds, chargebacks, reversals

If a Customer payment is refunded, credited, canceled, or charged back, the related reward is not owed (or will be reversed/offset if already credited). Rewards are payable only on Net Revenue actually received and retained by Kite.

5.6 Right to withhold, deduct, offset, or adjust

Kite may withhold, delay, deduct, offset, reduce, or invalidate any reward where Kite determines or reasonably believes the reward (or the underlying transaction, traffic, or promotion) was:

credited in error (including tracking, attribution, coupon, discount, or identity errors);
fraudulent, irregular, high‑risk, or abusive;
generated in violation of this Agreement, Program Guidelines, Platform rules, or applicable law; or
likely to result in refunds, chargebacks, disputes, or brand harm.

Kite may offset amounts you owe (including reversals) against future payouts. A reward is not “earned” until it clears the Holding Period, satisfies Section 5.3, and is approved for payout by Kite/Platform.

Material breach / fraud: If you violate this Agreement or engage in fraud/abuse, Kite may (to the maximum extent permitted by law) forfeit or permanently withhold unpaid rewards.

5.7 Payout timing

Rewards become payable only after: (a) the Holding Period has cleared (Section 5.4), (b) the minimum payout threshold is met (Section 5.8), and (c) all payout eligibility requirements are satisfied (Section 5.3). We generally process payouts approximately monthly, but timing may vary and we do not guarantee any specific payout date. Payment may take additional time to reach your account depending on the Platform, the Payment Provider, your bank, and any verification or compliance holds. Payout amounts may be withheld, adjusted, or offset as described in Sections 5.5–5.6 (including for refunds, chargebacks, fraud/abuse, policy violations, or compliance reasons).

5.8 Minimum payout threshold

Minimum payout amount: $10 USD. If your payable balance is below $10, it will roll forward until it meets the minimum payout amount.

5.9 Payout method, Payment Providers, and fees

Payouts are issued via the Platform and its Payment Provider(s). The Platform may use providers such as Stripe (and in some countries PayPal) or other providers. You agree that:

you are responsible for reviewing and accepting the applicable Payment Provider terms;
accepting those terms and completing their onboarding is a precondition to receiving payouts;
you must complete any identity verification/KYC requested by the Platform or Payment Provider; and
you are responsible for any fees charged by Payment Providers or intermediaries.

Kite does not control Payment Provider decisions, holds, or compliance requirements.

5.10 Taxes

You are responsible for any taxes, duties, or fees resulting from rewards you receive. Kite, the Platform, and/or Payment Providers may require tax information/forms where applicable.

5.11 Reward caps

Kite reserves the right to set and update a Reward Cap (including per referral, per month, per account, lifetime, or otherwise), which will be specified in the Program Guidelines or Program Interface. You may not create multiple accounts or use any workaround to circumvent a Reward Cap. Kite may deny amounts above a Reward Cap and may suspend/terminate participation for attempted circumvention.

6. Termination and Changes

6.1 Changes to the Program / Agreement

Kite may modify this Agreement, the Program, the Program Guidelines, and any Reward Schedule (including reward amounts, incentives, eligibility rules, attribution window/model, holding period, payout thresholds, and Reward Caps) at any time. Updated terms will be posted in the Program Interface/Platform portal and/or communicated via email or other written notice. Unless we expressly state otherwise, changes apply to referrals/transactions occurring on or after the effective time/date of the change, and do not retroactively reduce rewards already earned for Qualified Referrals that have completed the Holding Period and been approved for payout. Continued participation in the Program after the effective date of any change constitutes your acceptance of the updated terms. If you do not agree to a change, you must stop using Referral Links and terminate participation (Section 6.2).

6.2 Termination by you

You may terminate participation at any time by discontinuing use of your Referral Link(s) and/or contacting support@kite.video.

6.3 Suspension or termination by Kite

Kite may suspend or terminate your participation in the Program at any time, with or without cause, and with or without notice, in Kite’s sole discretion. Without limiting the foregoing, Kite may suspend or terminate your participation if we determine (in our sole discretion) that:

you are no longer a paying Kite customer in good standing;
your content, marketing methods, audience, or public conduct is inconsistent with our brand, brand guidelines, or desired customer experience;
your content or promotions are low‑quality, misleading, “spammy,” or otherwise likely to harm Kite’s reputation or goodwill;
your conduct has or may negatively reflect on Kite, our customers, our partners, or our products;
you violate this Agreement, applicable law, or Platform policies; or
we suspect fraud, abuse, attempted manipulation of tracking or rewards, or inability/unwillingness to provide compliance proof.

6.4 Effect of termination

Upon termination (by either party), you must immediately stop promoting Kite using Referral Link(s) and stop using Kite branding/assets provided for the Program. Kite may hold accrued unpaid rewards for a reasonable period after termination to ensure the correct amounts are paid (for example, to account for cancellations, chargebacks, fraud review, reversals, or downgrades).

Rewards after termination:

Termination in good standing (not for cause): we will pay eligible rewards that (a) have cleared the Holding Period, (b) are properly tracked in the Platform, (c) meet the $10 minimum payout amount, and (d) satisfy Section 5.3 (including maintaining a non‑Deactivated Platform account/Payout Profile through payout), subject to the payout timing in Section 5.7 and normal review.
Termination for cause: if we terminate you for cause (including breach of this Agreement, prohibited activity, suspected fraud/abuse, or manipulation), we may withhold, void, or reverse rewards to the maximum extent permitted by law.

6.5 Abandoned accounts

We may close Abandoned Referral Accounts. Any unpaid amounts below the minimum payout amount may be voided. Closure may result in Deactivation for purposes of Section 5.3.

7. Limitation of Liability and Disclaimers

The Program (including the Program Interface, tracking, reporting, and payouts) is provided “as is” and “as available.” We make no guarantees that tracking will be uninterrupted or error‑free, and we make no guarantees about referral volume, conversions, or reward amounts you may earn. To the maximum extent permitted by law:

Kite will not be liable for indirect, incidental, consequential, special, or punitive damages relating to the Program.
Kite’s total liability under this Agreement will not exceed the rewards paid to you in the three (3) months prior to the event giving rise to the claim.

8. License, Brand Guidelines, and Intellectual Property

8.1 Limited license to use Kite Marks and Kite Content

Subject to this Agreement and the Program Guidelines, Kite grants you a limited, revocable, non‑exclusive, non‑transferable, non‑sublicensable license during your active participation in the Program to use Kite Marks and Kite Content solely to promote Kite via Referral Links. All goodwill arising from your use of Kite Marks inures exclusively to Kite.

8.2 Restrictions

You may not:

modify Kite Marks, or use them in a misleading way;
use Kite Marks in a way that implies official status, endorsement beyond the Program, or a business relationship other than customer referral;
use Kite Marks in any domain, handle, email address, or app name (including typos/variants) (see Section 4.6); or
use Kite Content except as provided by Kite (for example: no altered screenshots that misstate pricing/features).

You must follow the up‑to‑date brand guidelines made available via the Program Interface/Platform and any written instructions Kite provides.

8.3 Takedown

Kite may require you to stop using specific Kite Marks/Kite Content, or to remove/update any placement or claim (Section 4.8). The license in this Section 8 automatically ends upon termination (Section 6.4).

8.4 Ownership

Except for the limited license granted above, Kite retains all right, title, and interest in Kite Marks, Kite Content, and Kite’s products and services. You acquire no ownership rights.

8.5 License to Referrer Content and your name/likeness (reposting permission)

You grant Kite a limited, worldwide, non‑exclusive, royalty-free license to use, reproduce, display, distribute, and re‑share your Referrer Content (and your name, logo, handle, and likeness as included in that Referrer Content) solely for the purpose of marketing and promoting Kite and the Program (including reposting on Kite’s website, social channels, and ads). Kite may make minor edits for formatting/length (e.g., cropping, captions) provided we do not materially change the substance of your statements.

Revocation: You may revoke this license for future use at any time by emailing support@kite.video. After revocation, Kite will use commercially reasonable efforts to cease new uses within a reasonable time and remove existing uses where practical (but we are not required to recall or delete materials already distributed in paid campaigns, third‑party placements, or archived materials). You represent that you have all rights and permissions needed to grant this license (see Section 11).

9. Confidentiality

You will hold in strict confidence all non‑public information about Kite or the Program that a reasonable person would understand to be confidential (“Confidential Information”), including (without limitation) non‑public program terms, pricing/discount details, payout details, dashboard data, and communications from Kite. You will:

use Confidential Information only to participate in the Program;
protect it using at least a reasonable degree of care; and
not disclose it to any third party except to your employees/advisors who need to know and are bound by confidentiality obligations at least as protective as this Section.

Confidentiality does not apply to information you can show was: (a) publicly available through no fault of yours; (b) lawfully received from a third party without breach of duty; or (c) independently developed without use of Confidential Information. If you are required by law to disclose Confidential Information, you will (to the extent legally permitted) give Kite prompt notice so Kite may seek protective treatment.

10. Independent Contractor; No Agency

You are an independent contractor and not an employee, agent, joint venturer, or partner of Kite. You have no authority to bind Kite, negotiate on Kite’s behalf, make warranties or guarantees on Kite’s behalf, or represent that you have any such authority.

11. Representations, Warranties, and Compliance (including sanctions)

You represent, warrant, and covenant that:

the information you provide in connection with the Program is accurate, complete, and kept up to date;
you are lawfully able to enter into this Agreement and perform your obligations;
your participation in the Program does not and will not violate any agreement or obligation you have to any third party (including an employer, client, platform, or sponsor) and does not create a conflict of interest;
you have the full right and authority to enter into this Agreement and to grant any rights/licenses you grant under this Agreement;
your Referrer Content is free and clear of liens and third‑party claims, and Kite’s authorized use of it will not infringe any third‑party rights (including IP, privacy, or publicity rights) or trigger payment obligations (including re‑use fees, residuals, or similar);
no additional consents, licenses, or permissions are required for you to participate in the Program or for Kite to use Referrer Content as authorized; and
you will comply with all applicable laws, regulations, and platform policies.

Sanctions / export compliance: You represent and warrant that:

you are not subject to U.S. sanctions regulations and are not located in, organized in, or ordinarily resident in a country or territory subject to comprehensive U.S. sanctions; and
you are not listed on any U.S. government restricted party list (including OFAC lists) and will not use the Program in violation of applicable export controls or sanctions laws.

If any of the above becomes untrue, you must notify Kite immediately, and Kite may suspend/terminate and withhold payouts as necessary to comply with law.

12. Indemnification

You will defend, indemnify, and hold harmless Kite, its affiliates, and its and their officers, directors, employees, agents, and representatives (the “Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and settlement costs) arising out of or related to any third‑party claim that results from or relates to:

your breach of this Agreement, the Program Guidelines, Platform rules, or applicable law or regulation;
your website(s), content, communications, or marketing activities (including email marketing) and any allegation that they are deceptive, unlawful, or violate consumer protection, privacy, or advertising laws;
your infringement or alleged infringement of any intellectual property or other rights of any third party; or
your gross negligence or willful misconduct.

Kite may approve any counsel you retain to defend a claim involving Kite (approval not to be unreasonably withheld). Kite may participate in the defense at its own expense. You will not settle any claim that imposes liability or obligations on any Indemnified Party without Kite’s prior written consent. If Kite reasonably determines that a conflict of interest exists, Kite may retain separate counsel, and you will pay the reasonable fees of that counsel.

13. Platform Terms (Dub) and Precedence

You acknowledge and agree that the Program is administered through the Platform (currently Dub) and payouts are processed through the Platform and its Payment Provider(s). You represent and warrant that you have read, understood, and accepted the Platform’s applicable terms and conditions, and you acknowledge that acceptance is a condition to earning rewards through the Platform. If there is any conflict between this Agreement (or Program Guidelines) and the Platform terms, this Agreement and the Program Guidelines govern as between you and Kite.

14. Dispute Resolution, Arbitration, and General Terms

14.1 Governing law

This Agreement and related disputes will be governed by the laws of the State of California, without regard to conflict of laws principles.

14.2 Mandatory arbitration

Please read carefully. You and Kite agree to resolve any claims relating to this Agreement or the Program through final and binding arbitration, except as set forth below. Any dispute not resolved through good‑faith informal negotiation will be resolved exclusively by binding arbitration conducted in accordance with the then-current JAMS Comprehensive Arbitration Rules and Procedures. The arbitration will be conducted by a single arbitrator selected by agreement of the parties or, if the parties cannot agree, appointed under JAMS rules.

Location: San Francisco, California
Language: English
Confidentiality: The parties, representatives, arbitrator, and participants will keep confidential the existence, content, and result of the arbitration, except as required by law.

Each party will bear its own costs in arbitration unless the arbitrator awards otherwise consistent with this Agreement and applicable law. The arbitrator will have authority to determine arbitrability and to grant appropriate remedies consistent with this Agreement, including injunctive relief, but will not have authority to award damages in excess of the limitations in this Agreement. Judgment on the award may be entered in any court of competent jurisdiction.

Injunctive relief carve‑out: Notwithstanding this arbitration agreement, either party may seek temporary or preliminary injunctive relief or other interim measures in a court of competent jurisdiction as needed to protect its rights, without waiving arbitration.

14.3 Venue for court proceedings

Subject to the arbitration provisions above, the state or federal courts sitting in San Francisco County, California will have exclusive jurisdiction and venue over any dispute, and you consent to that jurisdiction.

14.4 No class actions

You may only resolve disputes on an individual basis and will not bring a claim in a class, consolidated, or representative action. This waiver is an independent covenant.

14.5 Opt‑out

You may opt out of the arbitration provisions by sending written notice to support@kite.video with the subject line “ARBITRATION OPT‑OUT” within 30 days of the date you first accept this Agreement. If you opt out, neither you nor Kite will be bound by the arbitration provisions.

14.6 Notices

Notices to you may be sent to the email address associated with your Program account and are deemed given when received. Notices to Kite must be sent to support@kite.video and are deemed given when received.

14.7 Assignment

You may not assign, transfer, or sublicense this Agreement without Kite’s prior written consent. Kite may assign this Agreement (in whole or in part) without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. Any attempted assignment in violation of this Section is void.

14.8 Severability; waiver; entire agreement; no third‑party beneficiaries

If any provision is unenforceable, it will be modified only to the extent necessary to make it enforceable, and the remainder will remain in full force. A waiver of any default is not a waiver of any subsequent default. This Agreement and the Program Guidelines constitute the entire agreement between the parties regarding the Program and supersede prior discussions or understandings on the subject. There are no third‑party beneficiaries to this Agreement.

14.9 Survival

Sections that by their nature should survive termination (including Sections 5.5–5.6, 7, 8, 9, 11, 12, and 14) will survive termination or expiration.

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