Effective Date: 09 October 2025
These XNote Affiliate Program Terms & Anti-Fraud Policy (the “Terms”) govern participation in the XNote Affiliate Program (the “Program”). By applying to or participating in the Program, you (the “Affiliate”) agree to comply with these Terms. XNote, Inc. (“XNote”, “we”, “us”) reserves the right to amend these Terms at any time.
1. Definitions
1.1 Affiliate — any person or entity enrolled in the Program.
1.2 Commission — payment due to an Affiliate for a qualifying sale, lead, or other conversion tracked under the Program.
1.3 Prohibited Activities — activities listed in Section 4 below.
1.4 Brand Terms — XNote trademarks, brand names, domain names, common misspellings, or any variations thereof (e.g., “XNote”, “XNote.ai”, “XNote pen”).
1.5 Attribution Model. The method we use to assign conversions, leads, or sales to traffic sources. XNote uses a mixed attribution model (including, but not limited to, first-touch, last-touch, time-decay, platform signal weighting, and combined platform/server-side/third-party signals). Attribution determinations may combine platform attribution (e.g., Google Ads, Meta/Meta Ads, Shopify), server logs, tracking parameters, cookies, and third-party analytics.
2. Program Eligibility & Enrollment
2.1 Affiliates must provide accurate information at signup. False representations, multiple duplicate accounts, or attempts to conceal identity are grounds for immediate termination and forfeiture of commissions.
2.2 XNote reserves sole discretion to approve or reject any application.
3. Payment & Withholding
3.1 Payment method: Commissions are payable via PayPal, bank transfer, or other method designated by XNote. Payment terms: Net 30 from the end of the qualifying payout period unless otherwise agreed. Minimum payout threshold: $50.
3.2 XNote may withhold payment or place an account on hold pending investigation of suspected fraud, abuse, chargebacks, returns, or policy violations.
3.3 If XNote reasonably determines that Commissions were earned by fraudulent or non-compliant activity, XNote may withhold, offset, or claw back unpaid or previously paid Commissions attributable to that activity. Affiliates agree to repay such amounts on demand.
4. Prohibited Activities (Zero Tolerance)
The following are strictly prohibited. Violation will result in immediate suspension, commission forfeiture, and potential termination and legal action.
4.1 Brand Bidding / Trademark Bidding. Affiliates may not bid on any XNote Brand Terms on any paid search or paid media platform (including but not limited to Google Ads, Microsoft Advertising/Bing, Meta Ads, DSPs). This prohibition covers search campaigns, Performance Max, shopping ads, display, remarketing, and any paid placements that include or target XNote Brand Terms, domain names, branded misspellings, or variants. XNote places particular emphasis on activity in Google Ads; any Google Ads campaigns (Search, Display, Performance Max, Shopping, App campaigns) that include or target Brand Terms are prohibited without XNote’s express written consent.
4.2 Coupon / Deal / Aggregator Sites. Promoting XNote products via coupon, voucher, rebate, cashback, or deal aggregator sites and browser extensions is prohibited unless XNote provides explicit written approval.
4.3 Browser Extensions / Plugins / Toolbars / Add-ons. Using or distributing any browser extension, plugin, toolbar, or similar software that injects, redirects, alters, or intercepts traffic or claims attribution to XNote conversions without express written approval is strictly prohibited.
4.4 Click Fraud / Fake Traffic. Use of bots, click farms, automated scripts, emulators, or other artificial means to generate clicks, impressions, or conversions is prohibited.
4.5 Cookie Stuffing & Unauthorized Attribution. Placing cookies without user interaction, cookie stuffing, click injection, pixel stuffing, redirect loops, or any technique intended to hijack or manipulate attribution is prohibited.
4.6 Domain Spoofing / Brand Impersonation. Creating websites, landing pages, or emails that mimic XNote or misrepresent affiliation or official partnership is prohibited.
4.7 Stolen Payment Methods & Fraudulent Orders. Inducing or processing purchases using stolen payment methods, hijacked accounts, or other fraudulent means is prohibited.
4.8 Misleading Ads & Trademark Misuse. Ads or creatives that confuse users about merchant identity, pricing, fulfillment, or returns, or that infringe XNote IP, are prohibited.
4.9 Collusion / Structured Abuse. Coordinating with other Affiliates to manipulate conversions, tiered commissions, or metrics to inflate performance is prohibited.
4.10 Privacy & Data Violations. Collecting, transferring, or using personal data in violation of applicable law or XNote’s privacy policy is prohibited.
5. Monitoring & Audits
5.1 XNote actively monitors traffic, campaigns, and conversion attribution for signs of abuse. We may use third-party anti-fraud tools, manual review, and platform data to detect violations.
5.2 Affiliates must retain records relating to their promotional activities (campaign IDs, ad creatives, landing pages, traffic sources, invoices) for a minimum of 12 months and provide such records upon request. Failure to provide requested records constitutes a material breach.
5.3 XNote or its authorized representatives may audit Affiliate activities. Audits may include review of ad accounts, analytics, and server logs. Affiliates must cooperate fully.
5.4 XNote may perform audits, request access to ad account data or campaign reports, and use third-party services to validate attribution. Affiliates must cooperate with reasonable audit requests.
6. Enforcement & Remedies
6.1 Immediate Actions. If XNote reasonably suspects a violation, XNote may suspend an Affiliate account immediately and withhold Commissions pending investigation.
6.2 Clawback & Offset. If an investigation supports that Commissions resulted from prohibited or fraudulent activity, XNote may claw back, offset, or require repayment of unpaid or previously paid Commissions attributable to such activity. XNote will calculate recovery amounts in good faith and provide supporting documentation where feasible.
6.3 Termination & Reporting. Repeated or egregious violations may result in permanent termination, forfeiture of future participation, and reporting to ad platforms (including Google), coupon networks, payment processors, or law enforcement as appropriate.
6.4 Retroactivity. To the fullest extent permitted by applicable law, XNote reserves the right to recover commissions and take enforcement action for conduct determined to be fraudulent or in breach of these Terms, regardless of whether the conduct occurred before or after any amendment to these Terms. XNote will provide written notice and, where feasible, an opportunity to respond before enforcing clawbacks for retrospective conduct.
6.5 Legal Remedies. XNote may pursue injunctive relief, damages, attorneys’ fees, and any other remedies available at law or equity.
7. Appeals & Dispute Process
7.1 Affiliates may submit a written appeal within 10 business days of suspension. Appeals must include supporting evidence (campaign IDs, logs, invoices).
7.2 XNote will investigate and respond within a reasonable period. XNote’s determination is final.
8. Marketing Materials, Branding & Trademarks
8.1 Affiliates may only use XNote branding and creative assets provided through the official affiliate portal or with written permission. All uses must follow XNote brand guidelines.
8.2 Any unauthorized use of XNote intellectual property is prohibited.
9. Representations, Warranties & Indemnity
9.1 Affiliates represent and warrant that their marketing activities comply with all applicable laws and platform policies.
9.2 Affiliates agree to indemnify, defend, and hold XNote harmless from any claims, losses, damages, liabilities, or expenses arising from Affiliate’s breach of these Terms or unlawful activities.
10. Confidentiality & Data Protection
10.1 Affiliates must maintain confidentiality of non-public Program materials, tracking parameters, and commission structures.
10.2 Affiliates must comply with applicable data protection and GDPR when collecting or processing user data.
11. Changes, Termination & Survival
11.1 XNote may modify or terminate the Program or these Terms at any time; material changes will be posted to the affiliate portal. Continued participation after changes constitutes acceptance.
11.2 Sections covering fraud, payment clawbacks, indemnity, and confidentiality survive termination.
12. Governing Law & Miscellaneous
12.1 These Terms are governed by the laws of NY, USA, without regard to conflict of law principles.
12.2 If any provision is found invalid, the remainder will remain effective. XNote’s failure to enforce a right is not a waiver.
13. Contact & Report Abuse
For questions or to report suspected abuse, email: info@xnote.ai with subject line “Affiliate Fraud Report — [Affiliate/Domain/Details]” and include supporting evidence (screenshots, campaign IDs, URLs).
By joining the Program you acknowledge that XNote reserves the right to suspend accounts, withhold and claw back payments, and pursue legal remedies for any Prohibited Activities. Affiliates who rely on coupon sites, browser plugins, unauthorized paid search using Brand Terms, or other deceptive practices risk immediate termination.