Terms of Service

24. Affiliate Program

This Section 24 governs your participation in the DualStream Affiliate Program (the “Affiliate Program”). It supplements, and does not replace, the rest of these Terms. In the event of any conflict between this Section and any other section of these Terms with respect to the Affiliate Program, this Section controls.

24.1 Eligibility

To participate in the Affiliate Program (“Affiliate”, “you”) you must (a) be at least 18 years of age and have the legal capacity to enter into a binding contract; (b) maintain a DualStream Account in good standing; (c) not be located in, organized under the laws of, or a resident of any country or region subject to comprehensive U.S., UK, or EU embargo or sanctions, and not be listed on any government list of prohibited or restricted parties; (d) submit an affiliate application that we, in our sole discretion, approve; and (e) complete Stripe Connect Express onboarding, including all KYC, identity verification, and tax-information requirements imposed by Stripe or applicable law. We may approve, reject, suspend, or revoke any application or Affiliate status at any time, with or without notice, in our sole discretion.

24.2 Independent Contractor

Your relationship with DualStream under the Affiliate Program is solely that of an independent contractor. Nothing in these Terms creates any partnership, joint venture, agency, franchise, employment, or fiduciary relationship between you and DualStream. You have no authority to make or accept any offers or representations on our behalf.

24.3 Referral Codes and Tracking

Upon approval, we will issue you one or more referral codes or tracking links (collectively, “Referral Codes”). A “Referred User” is a person who (a) signs up for a DualStream Account through your Referral Code in accordance with our then-current attribution rules, and (b) does not later cease to qualify under those rules. Attribution is determined solely by DualStream's tracking systems and records, which are conclusive absent manifest error. Last-touch attribution applies; if a user interacts with multiple Referral Codes, the most recent valid Referral Code controls. We may modify our attribution rules, attribution windows, cookie durations, fingerprinting methodology, and Referral Code formats at any time, with or without notice to you.

24.4 Commission

Subject to this Section 24, we will pay you a commission (“Commission”) equal to the then-current commission rate (default twenty percent (20%)) of Net Subscription Revenue (defined below) received by DualStream from each Referred User during the then-current commission duration (default twelve (12) months) measured from that Referred User's first paid subscription invoice. We may set different commission rates, durations, cooling-off periods, minimum-payout thresholds, or referred-user trial terms on a per-Affiliate basis at our sole discretion, and may change any of these at any time.

“Net Subscription Revenue” means amounts actually received by DualStream from a Referred User for paid DualStream subscriptions, excluding (i) taxes, duties, levies, and similar government charges; (ii) payment-processor and gateway fees (including Stripe fees, currency-conversion fees, dispute fees, and chargeback fees); (iii) refunds, credits, proration adjustments, discounts, coupons, promotional credits, and goodwill adjustments; (iv) amounts that are charged back, disputed, reversed, voided, or otherwise unrecoverable; (v) revenue from add-ons, one-time purchases, hardware, professional services, or any non-subscription items unless we expressly designate them as commissionable in writing; and (vi) any portion of revenue that we determine, in our sole discretion, to be associated with fraudulent, abusive, or non-bona-fide activity. No Commission is earned on free trials, free tiers, or any period for which DualStream does not actually receive cleared funds.

24.5 Cooling-Off Period; Reversals

Each Commission accrues only after a cooling-off period (default thirty (30) days, configurable in our sole discretion) measured from the corresponding invoice payment date, and is subject to reversal at any time if the underlying payment is refunded, charged back, disputed, reversed, or otherwise unrecoverable, or if we determine the underlying activity violates these Terms. We may set off any reversed, clawed-back, or otherwise unowed amounts (including chargeback fees and platform penalties) against any current or future Commissions or other amounts payable to you, or invoice you for the difference if no such amounts are available.

24.6 Payouts

Payouts are made exclusively via Stripe Connect Express to your verified Connect account in U.S. dollars (or such other currency as we elect), no more frequently than once per calendar month, and only after the cumulative balance of accrued, non-reversed Commissions exceeds the then-current minimum-payout threshold (default US $50). We are not responsible for delays, holds, account restrictions, payment reversals, or other actions imposed by Stripe, banking partners, or applicable law, or for any loss caused by incorrect, outdated, or fraudulent payment information you provide. If your Connect account becomes restricted, disabled, or non-compliant, we may pause or cancel payouts until the issue is resolved.

24.7 Taxes

You are solely responsible for determining, collecting, reporting, and remitting any taxes (including income, self-employment, sales, VAT, GST, withholding, and similar taxes) arising from your participation in the Affiliate Program. You will provide accurate and complete tax information (e.g., IRS Form W-9 or W-8BEN/W-8BEN-E) when requested. If we are required by law to withhold any amount, we will deduct it from your payout and you will have no claim against us for the withheld amount. If applicable, we will issue an IRS Form 1099 or equivalent.

24.8 Prohibited Conduct

You will not, directly or indirectly:

• Self-Refer. Use your own Referral Code (or that of any household member, family member, employer, employee, agent, or person with whom you share a household, IP address, payment instrument, device fingerprint, billing address, or beneficial economic interest) to obtain Commissions, or arrange for any third party to do so for your benefit.
• Manipulate Attribution. Engage in cookie stuffing, forced clicks, hidden iframes, link cloaking that misrepresents the destination, automated traffic generation, click-spam, bot traffic, or any other technique intended to inflate, manipulate, or misattribute referrals.
• Misleading Promotion. Make any false, deceptive, misleading, or unsubstantiated statement about DualStream, its features, performance, pricing, security, ownership, partnerships, financial position, or relationship with any third party (including any Third-Party Platform), or imply any endorsement, sponsorship, or affiliation that does not exist.
• Incentivized Signups. Offer cashback, rebates, rewards, sweepstakes entries, loyalty points, charitable donations, or any other consideration in exchange for using your Referral Code, signing up, or maintaining a paid subscription, except where we expressly authorize the program in writing in advance.
• Spam and Unsolicited Communications. Distribute Referral Codes via spam, unsolicited bulk email, unsolicited SMS, comment spam, forum spam, mass-DMs, or any communication that violates the CAN-SPAM Act, TCPA, GDPR, CASL, or any other applicable anti-spam, anti-telemarketing, or data-protection law.
• Trademark and Domain Abuse. Bid on or purchase paid search advertising on DualStream-related keywords (including “DualStream”, “Dual Stream”, “dualstream.gg”, and any misspelling, transliteration, or variation thereof) on Google Ads, Bing Ads, or any other ad network; register, traffic in, or use any domain name, social-media handle, app-store listing, or username that contains or is confusingly similar to a DualStream trademark; or run advertising that diverts traffic from DualStream-owned domains.
• Coupon, Deal, and Loyalty Sites. List Referral Codes on coupon, deal, cashback, loyalty, or browser-extension sites except where we expressly authorize each placement in writing in advance.
• Prohibited Contexts. Promote DualStream on, alongside, or in association with any content or website that is illegal, infringing, defamatory, obscene, hateful, harassing, sexually explicit, violent, gambling-related (where prohibited), CSAM-related, weapons-related, or otherwise contrary to applicable law or to DualStream's brand-safety standards as we may publish from time to time.
• Disclosure Failures. Fail to clearly and conspicuously disclose your material connection to DualStream as required by the U.S. Federal Trade Commission's Endorsement Guides (16 CFR Part 255), the EU Unfair Commercial Practices Directive, the UK CAP Code, or any other applicable law, regulation, or platform policy.
• Platform-Policy Violations. Promote DualStream in any manner that violates the terms of service, community guidelines, or advertising policies of any platform on which you operate (including Twitch, YouTube, Kick, TikTok, Discord, Reddit, Meta, X, LinkedIn, or any app store).
• Reverse Engineering and Reselling. Reverse engineer, reproduce, scrape, or attempt to derive the source code or underlying logic of the Affiliate Program, our tracking systems, or our dashboards; or resell, sublicense, or syndicate Referral Codes through any sub-affiliate network or downstream program without our prior written consent.

24.9 Brand License

Subject to your continuous compliance with these Terms and any brand guidelines we publish from time to time, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license, during the term of your participation in the Affiliate Program, to use the “DualStream” name, logos, and approved marketing materials solely to truthfully describe and promote DualStream and to drive Referred Users to DualStream-owned domains. All goodwill arising from your use of our marks inures solely to DualStream. We may revoke this license at any time, with or without cause, and you will immediately cease all use of our marks upon revocation or termination. You may not modify, animate, redraw, recolor, combine with other marks, or use our marks in a manner that disparages DualStream or implies endorsement of any third-party product, service, or cause.

24.10 Audit and Adjustment

We may at any time, in our sole discretion and without prior notice, audit, suspend, withhold, reverse, claw back, or adjust any Commission or payout if we reasonably believe (a) it was earned in violation of these Terms; (b) it is associated with fraudulent, abusive, or non-bona-fide activity; (c) the underlying payment is or may become unrecoverable; (d) it resulted from a tracking, accounting, or attribution error; or (e) it would violate applicable law or any third-party policy. Our records and calculations are conclusive absent manifest error. You waive any claim with respect to a Commission calculation, payout, or adjustment unless you notify us in writing at affiliates@dualstream.gg with sufficient detail to investigate within thirty (30) days after the date the Commission first appeared (or should have appeared) in your dashboard; claims not so raised are irrevocably waived.

24.11 Dashboard Data Is Provisional

All amounts, counts, statuses, and projections shown in your affiliate dashboard, in API responses, in webhooks, or in any other reporting are estimates only, are provisional, and are subject to adjustment, reversal, recalculation, or correction at any time and for any reason. No dashboard figure constitutes an admission, promise, accrual, or guarantee of payment. We make no representation or warranty regarding the accuracy, completeness, or availability of dashboard data, and you may not rely on it for tax, accounting, or business-planning purposes except as expressly confirmed in a paid-and-cleared payout statement.

24.12 No Guaranteed Earnings

The Affiliate Program offers an opportunity, not an income, and results vary widely. We make no representation or warranty, express or implied, regarding any minimum traffic, conversion rate, earnings, payout, or duration of participation. Past results are not indicative of future results.

24.13 Confidentiality

The terms of any per-Affiliate variation (including elevated commission rates, custom durations, custom cooling-off periods, custom payout thresholds, or extended trials), any non-public dashboard data or metrics, and any non-public information we provide regarding the Affiliate Program (collectively, “Affiliate Confidential Information”) are confidential. You will not disclose Affiliate Confidential Information to any third party or use it for any purpose other than your participation in the Affiliate Program. This obligation survives termination for three (3) years.

24.14 Modification

We may modify the Affiliate Program (including the commission rate, commission duration, cooling-off period, minimum payout threshold, attribution rules, prohibited conduct, payment terms, and brand guidelines) at any time, in any way, in our sole discretion, with or without notice. Modifications take effect immediately upon posting unless we specify a later effective date. Your continued participation after a modification constitutes acceptance of the modified terms. If you do not agree to a modification, your sole and exclusive remedy is to terminate your participation under Section 24.15.

24.15 Term and Termination

Either party may terminate your participation in the Affiliate Program at any time, for any reason or no reason, with or without notice. Upon termination, suspension, or revocation, however arising: (a) all Referral Codes are immediately deactivated; (b) all then-unaccrued, in-cooling-off, or otherwise non-vested Commissions are immediately and irrevocably forfeited; (c) accrued and non-reversed Commissions that meet the then-current minimum-payout threshold may, at our sole discretion, be paid in our next regular payout cycle, less any set-offs under Section 24.5; (d) all rights granted to you under Section 24.9 (Brand License) immediately cease; and (e) Sections 24.2, 24.5, 24.7, 24.8, 24.10, 24.11, 24.13, and 24.16, together with all other provisions of these Terms that by their nature should survive, will survive termination. We may, in our sole discretion, withhold all or any portion of any final payout indefinitely if we reasonably believe it may relate to fraud, chargebacks, disputed transactions, regulatory inquiries, or other unresolved matters.

24.16 Indemnification (Affiliate-Specific)

In addition to your indemnification obligations under Section 20, you will defend, indemnify, and hold harmless DualStream and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your participation in the Affiliate Program; (b) your breach of this Section 24; (c) your promotion, marketing, advertising, or other communications regarding DualStream; (d) any failure by you to comply with the FTC Endorsement Guides or any other applicable disclosure, advertising, marketing, anti-spam, data-protection, or consumer-protection law; (e) your use of any DualStream mark, logo, or content; and (f) any tax assessment, penalty, or interest arising out of your receipt of Commissions.

24.17 No Most-Favored-Nation

We have no obligation to offer you any commission rate, duration, payout threshold, or other term comparable to any term offered to any other Affiliate. Per-Affiliate variations are granted, withheld, modified, and revoked in our sole discretion.

24.18 Limitation of Liability (Affiliate-Specific)

WITHOUT LIMITING SECTION 19, IN NO EVENT WILL DUALSTREAM'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THE AFFILIATE PROGRAM EXCEED THE LESSER OF (I) THE TOTAL COMMISSIONS ACTUALLY PAID TO YOU (AND NOT SUBSEQUENTLY REVERSED) IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) US $500. THE LIMITATIONS AND DISCLAIMERS IN SECTIONS 18 AND 19 APPLY TO THE AFFILIATE PROGRAM IN THEIR ENTIRETY.

24.19 Notices

Notices regarding the Affiliate Program will be given by email to the address associated with your Account or by posting in the affiliate dashboard. You may give notices to us at affiliates@dualstream.gg. Notices are deemed given when sent (for email) or posted (for dashboard notices).