Affiliate Program Terms & Conditions

Updated on February 25, 2021

• Affiliate Partner = you.
• Keen Software House = Keen Software House s.r.o., Na Petynce 213/23b, 169 00 Prague 6, Czech Republic, ID No 05264561.
• By using Keen Software House’s Affiliate Program you agree to these Terms of Use.
• The Affiliate program for Keen Software House is provided by Xsolla (USA), Inc.15260 Ventura Blvd., Suite 2230, Sherman Oaks, CA 91403 USA, Email Address: support@xsolla.com, Web URL: https://xsolla.com
• Keen Software House s.r.o. reserves the right to terminate or amend Affiliate Program at any moment for any reason, for specific affiliate partner or whole affiliate program. If the Affiliate does not accept the changes, the Affiliate must immediately cease to use the service.
• The end to end process related to the Space Engineers Affiliate Program including the registration, sales tracking, promotion materials, payment transaction and user support are in responsibility of the Xsolla team. 
• Keen Software House s.r.o. reserves the right to regulate the marketing of its products, services and brand name. NO AFFILIATE WILL EVER USE SPAM, SPYWARE, SCUMWARE, COOKIE HIJACKING, OR ANY OTHER MARKETING PRACTICE Keen Software House s.r.o. CONSIDERS DUBIOUS TO MARKET STANDARD, ILLEGAL OR HARMFUL TO ITS PRODUCTS. Keen Software House s.r.o. retains full rights to immediately require the discontinuation of said practices at its own discretion on a case-by-case basis, and to immediately cancel an Affiliate account should it see fit.
• Affiliate agrees to fully comply with the Xsolla influencer program Terms of Use (https://influencer.xsolla.com/)  
• Nothing in this Agreement shall create or be deemed to create a partnership or relationship of employer and employee between Keen Software House and the Affiliate.
• Keen Software House cannot guarantee or warrant the performance of the Xsolla services or the links to any linked websites or channels.
• Keen Software House shall not be liable for costs and damages incurred by the Affiliate arising out of this Agreement unless caused directly by the negligence of Keen Software House in providing its service. Keen Software House shall not in any circumstances be liable for indirect or consequential damages and costs incurred by the Affiliate for any reason whatsoever.
• Keen Software House will not be liable for defects in the service, interruptions in the accessibility to the service, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components in Keen Software House’s service or for any damage caused by viruses or components to the service, the Affiliate software and/or the Affiliate’s website. Keen Software House shall not be liable for any error in the implementation of the links on the Affiliate’s website/channel or for the specified function of the links.
• The Affiliate must cease to use the service immediately upon the termination of this Agreement by deleting all active campaigns of the Affiliates Program.
• Indemnity – The Affiliate shall keep Keen Software House indemnified against any claims for damages or other claims for compensation arising from the contents of the Affiliate’s website/channel or any incorrect information given to Keen Software House by the Affiliate.
• Assignment of the Agreement – The Affiliate may not assign or pledge his rights or obligations under this Agreement in whole or in part to any third party without the prior written consent of Keen Software House.
• Consent – The Affiliate consents to the publication of the Affiliate’s name and web address etc. at Keen Software House’s websites and to Keen Software House sending newsletters etc. to the Affiliate’s e-mail address and using the information given by the Affiliate for marketing purposes.
• Privacy – Keen Software House does not collect any private data through the Affiliate program neither does encourage Affiliates to do so. All Affiliates are liable to consent with the data privacy laws applicable, especially the GDPR regulations in the EU
• Severability – If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.
• Intellectual Property Rights – Keen Software House owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the Space Engineers game.
• Applicable Law – Keen Software House shall not be liable for the legality of Keen Software House’s service in countries other than Czech Republic. The Affiliate is solely responsible for the legality of the use of the service.
• This Agreement shall be governed by, and construed in accordance with the laws of Czech Republic.
• The affiliate agrees to restrain from disclosing information regarding the sales and affiliate profit shares to 3rd parties. All communication regarding Affiliate Program between Keen Software House s.r.o. and the affiliate is considered confidential. Keen Software House s.r.o. may display statistics of an affiliate partner on a web site or at any other place, individual or aggregate.
• You will provide us with any information that we request to verify your compliance with this Agreement. If we determine that you have not complied with any requirement or restriction described in this Agreement or has otherwise violated this Agreement, we may (in addition to any other rights or remedies available to us) withhold any Commission payable to you under this Agreement, terminate this Agreement, or both.